Two of the six Baltimore police officers who face criminal charges in the Freddie Gray case are suing Baltimore State Attorney Marilyn Mosby.
Sgt. Alicia White and Officer William Porter originally filed suit on May 2 against Mosby and Maj. Sam Cogen of the Baltimore Sheriff’s office for defamation and invasion of privacy.
The Daily Caller reported that the attorney for the two officers, Michael Glass, plans to amend the suit to include additional claims against Mosby and Cogen for “likely a count of malicious prosecution, false arrest, false imprisonment, violation of the Maryland declaration of rights, article 24 and 26.”
“These six officers were essentially sacrificed,” Glass said. “Alicia White, she’s accused of murder, she never touched Mr. Gray.”
Glass anticipates the discovery that the litigation will afford will reveal ulterior motives behind the charging of his clients. “We believe there were certain communications among some pretty key players that suggest that these charges were brought not based on the evidence but based on an agenda which was to quell the riots at a time when there was a lot of unrest and it was a pretty volatile situation,” he said.
The attorney also points to Mosby’s public statement when she first announced the charges against White and Porter as evidence the prosecution was not grounded in the facts, but fueled by anti-police sentiment.
“To those that are angry, hurt or have their own experiences of injustice at the hands of police officers I urge you to channel that energy peacefully as we prosecute this case I have heard your calls for ‘No justice, no peace,’ however your peace is sincerely needed as I work to deliver justice on behalf of Freddie Gray,” Mosbysaid at a May 1 press conference announcing charges against six Baltimore officers.
“Last but certainly not least, to the youth of the city. I will seek justice on your behalf. This is a moment. This is your moment. Let’s insure we have peaceful and productive rallies that will develop structural and systemic changes for generations to come. You’re at the forefront of this cause and as young people, our time is now,” she added.
Legal experts noted at the time the unusual speed with which Mosby’s team brought charges against the six officers, indicating more time would usually be taken to make sure the cases were solid. Famed liberal Harvard law professor Alan Dershowitz called it a “sad day for justice” and predicted because Mosby overcharged the officers, they would likely be acquitted.
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As reported by Western Journalism, Porter’s case, the first brought, ended in a mistrial in December with the jury not able to reach a verdict. The second case against Officer Edward Nero resulted in the policeman being found not guilty on all counts.
Despite the findings of the trials, experts told the Daily Caller the likelihood of Porter and White being successful in their suit against Mosby is questionable. The law affords a high level of protection for government officials performing their duties. The officers will have to show that Mosby brought the case against them with malicious intent. In this instance, that would mean the state attorney knew those charged did not commit the crimes, but charged them anyway.
Glass contends that Mosby’s rhetoric at the press conference announcing the indictment indicated she had stepped outside her role as an impartial prosecutor.
His clients’ suit seeks more than $75,000 in damages for Porter and White, who were placed on administrative leave without pay by the Baltimore City Police Department, the Baltimore Sun reported.
Caesar Goodson, Jr., will be the next of the police officers to be tried. His case begins on Thursday.
Reported by westernjournalism.com