Problems begin to surface in Freddie Gray case; prosecutor’s haste may backfire, big time

Problems are beginning to surface already in the prosecutor’s case against six Baltimore police officers charged in the death of Freddie Gray.

Part of the case being prepared against the officers by State’s Attorney Marilyn Mosby is that Gray was arrested for carrying a switchblade that Mosby claims was not in violation of the law, thus making Gray’s arrest illegal.

However, a police task force that studied the knife has determined it was “spring-assisted,” which would make it illegal in Baltimore. That would make Gray’s arrest legal, according to the Baltimore Sun.

Moreover, famed attorney Alan Dershowitz believes Mosby’s haste to act presents further problems.

Appearing on Fox News’ “The Kelly File” on Monday, Dershowitz told host Megyn Kelly that Mosby is showing no regard for fairness to the accused police officers.

“If you’re the prosecutor you have to be concerned with doing justice for everybody,” Dershowitz said. “Not just the victim, not just for the family of the victim, not just for the youth of Baltimore but also for the accused.”

Dershowitz said Mosby’s inflammatory statements, like telling the youth of Baltimore, “This is your moment,” have damaged the case.

“You can’t sacrifice individual defendants to the need to stop riots,” he said, predicting that the trial will be moved out of Baltimore because jurors will fear riots if they acquit the police.

“I think the defense will try to get her (Mosby) out of the case as well to try to get somebody who doesn’t have political ambitions and whose job is not seen as trying to stop the riots,” he said.

He added that Mosby overcharged the officers, a prosecution tactic that may backfire on her as well.

“She’s not gonna get a conviction on the murder charge. What’s going to happen to her is the what happened to Angela Corey, the woman from Florida who overcharged George Zimmerman and got an acquittal,” he said. “When you overcharge, when you charge someone with murder who shouldn’t be charged with murder — you risk losing everything. And so what she’s done is mortgage the future for the present.”

Related:

State’s Atty rules Freddie Gray’s death a homicide; all 6 cops charged.

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Carmine Sabia

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