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Freddie Gray Case: Lawyers for Cops Charged Want Prosecutor Off Case

The motion, filed on behalf of six police officers charged in the death of Freddie Gray, accuses the prosecutor of "overzealous prosecution."

Attorneys representing the six Baltimore police officers charged in connection with the death of Freddie Gray filed a motion Friday asking that the charges be dismissed, or that State's Attorney Marilyn Mosby recuse herself from the case.

The motion, filed in Baltimore City District Court on behalf of all six officers, argues that Mosby brought the charges "in the face of threat of continued riots, protests, a city curfew and civil unrest."

The motion said the violence that erupted in Baltimore over Gray's April 19 death from a spinal injury he suffered in police custody caused Mosby to practice "overzealous prosecution."

Mosby on May 1 said Freddie Gray's death was ruled a homicide and announced she would seek charges against Garrett Miller, Alicia White, Edward Nero, Caesar Goodson Jr., Brian Rice and William Porter. Gray was arrested on April 12 and died a week later. Mosby said the arrest was illegal.

The motion argues that Mosby should recuse herself for five reasons: It claims she and her husband, City Council member Nick Mosby, stand to gain politically and personally during the course of the case; she has "personal relationships" with potential witnesses; her office was involved with investigating the case; there is a pending civil lawsuit against Mosby's office; and it also claims the lawyer for the Gray family is a "close friend" and financial supporter of Mosby.

"Rarely in the history of any criminal case has a prosecutor so directly maintained so many conflicts of interest," the motion says.

Mosby responded last week to claims made by the police union that she had a conflict of interest in the case because of her husband's political position.

"My husband is a public servant and so am I. He makes the laws, I enforce them," she said. "There is no conflict of interest." Mosby said the union, the Fraternal Order of Police, also donated to her campaign.


— Elisha Fieldstadt