Baltimore officers file motion to dismiss, request state attorney be taken off case

Attorneys representing the six Baltimore police charged in the death of Freddie Gray filed a motion Friday asking that State’s Attorney Marilyn Mosby’s office be prevented from prosecuting the case.

The motion called for appointing an independent prosecutor or dropping the charges altogether.

“The pleadings speak for themselves, and we look forward to litigating them in the courtroom,” Marc L. Zayon, Officer Edward Nero’s attorney, told local NBC affiliate WBAL.

CBS Radio News correspondent Steven Portnoy tweeted:

The motion accused Mosby of violating Maryland laws governing prosecutorial conduct by making “extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.” Mosby made the referenced comments on May 1 while announcing her decision to charge the officers with murder, manslaughter and other felonies in Gray’s death. “I heard your call for no justice, no peace. Your peace is sincerely needed as I work to deliver justice on behalf of this young man,” she said. “You’re at the forefront of this cause, and as young people, our time is now.” The motion also accused Mosby of five conflicts of interest that the attorneys argued should prevent her from prosecuting the case, including her marriage to Baltimore City Councilman Nick Mosby, and her political and financial ties with the Gray family’s attorney, Billie Murphy, who donated $5,000 to Mosby’s election campaign. “I’m not going to comment on anything that’s been filed in court unless it is appropriate for me to comment,” Murphy told WBAL. Former federal prosecutor and National Review contributor Andy McCarthy told Fox News host Megyn Kelly that the motion has “zero” chance of prevailing.

“There’s no way that this motion will succeed at this point,” he said. “I think they’re building a record so that later they can make a bigger claim about prosecutorial and investigative misconduct.”

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