BALTIMORE – Maryland state attorney for Baltimore City Marilyn Mosby sent an electric charge through urban America when she boldly announced multiple felony charges against the officers accused of killing Freddie Gray, the latest unarmed black man to die at the hands of the police and which incited upheaval in Maryland’s largest city.
But that euphoric feeling may be short lived according to some close to the attorneys representing the six police officers who face charges ranging from murder to manslaughter. Baltimore Police’s own investigation into the death of Freddie Gray doesn’t support the homicide charges brought forth by the state attorney and may give their attorneys grounds to move for dismissal.
Furthermore, the Baltimore investigation contradicts Mosby’s in that they say the knife in question is illegal and therefore officers were justified in arresting Gray.
According to CNN:
The Baltimore police investigation into the death of Freddie Gray doesn’t support some of the charges, including the most serious, filed by the Baltimore City State’s Attorney, potentially allowing lawyers representing the police officers the opportunity to undercut the prosecution, according to officials briefed on the separate probes conducted by the State’s Attorney and police.
Already, defense attorneys are filing motions seeking to exploit differences between the separate state attorney and police investigations.
Lawyers for two officers have challenged a key finding of State’s Attorney Marilyn Mosby’s case: that a knife found on Freddie Gray was legal in Maryland and therefore the officers didn’t have a right to arrest Gray. The police investigation found that the knife is illegal under Baltimore city code.
Officials familiar with the probes also say the homicide investigation run by police investigators at most contemplated a manslaughter charge, not second degree murder as Mosby charged one of the officers, Caesar Goodson. To win conviction for murder, prosecutors must prove intent to kill. Manslaughter relates to unintentional killings.