Police charged in Baltimore man’s death want case dismissed

BALTIMORE – Attorneys for six Baltimore police officers charged in the death of a man who died of a spinal injury he received while in custody asked a judge Friday to dismiss the case or assign it to someone other than the city’s top prosecutor, who they say has too many conflicts of interest to remain objective.

At a minimum, State’s Attorney Marilyn Mosby should be replaced with an independent prosecutor, the lawyers state in a motion filed in Baltimore District Court.

In the latest legal move to challenge the charges, which range from assault to second-degree “depraved-heart” murder, the motion says Mosby’s prosecution has been “overzealous” and “politically motivated.”

Mosby announced the charges a day after receiving an investigative report from the police. The motion argues that part of the reason she acted so swiftly was to quash protests that gave way to violence in West Baltimore, where Gray was arrested and where Mosby’s husband, Nick Mosby, is a city councilman. A separate motion argues that her rapid decision could be at odds with a law that requires a thorough investigation prior to filing charges.

“The need to quell the raging inferno of human rage and revulsion within the confines of the 7th District was emergent,” the motion reads. “These officers soon found themselves offered up to the masses by Mrs. Mosby to quell the uprising that caused most harm to the district where her husband is the City Council representative.”

Gray was arrested April 12 and died a week later. Authorities say he suffered a spinal injury in the roughly 45 minutes between his arrest and his arrival at a police station in the back of a prisoner transport van. He was not wearing a seat belt inside the van, and was in handcuffs and leg irons.

The attorneys also maintain that Gray’s arrest was legal because a knife he had at the time is illegal.