It’s only the earliest stages of the homicide case, but some critics of Baltimore State’s Attorney Marilyn Mosby are already using the word “disbarment” over how Mosby is allowing politics to affect the legal process in the Freddie Gray case, Fox News’ Megyn Kelly reported Wednesday.
Lawyers representing the six police officers charged with Gray’s death filed a motion Wednesday seeking to move the trial out of Baltimore, arguing their clients cannot possibly receive a fair trial in Baltimore due in large part to Mosby’s anti-police rhetoric.
Senior Fox News legal analyst Andrew Napolitano agreed.
“The civil unrest that occurred makes it unlikely the police officers could get a fair trial in the city of Baltimore, even if Mother Teresa were the prosecutor,” he told Kelly on Wednesday’s “The Kelly File.”
“But instead you have a prosecutor who acts and sounds like she’s a political candidate for office,” senior Fox News legal analyst Andrew Napolitano told Kelly.
“It is clear there has to be a change of venue, meaning the trial has to be tried in another part of the state of Maryland and the jurors have to be drawn from that other part of the state,” he added. “The question is: can she fairly administer justice?”
Kelly picked up on that thought.
“If it gets moved to another county, she is still the prosecutor,” Kelly noted. “But she appears to be a problem. I mean, schooled and learned lawyers in the state of Baltimore are coming out using the word ‘disbarment’ for this type of behavior when it comes to a D.A.”
One legal observer compared Mosby to former District Attorney Mike Nifong, who was disbarred in 2007 for placing political ambition above justice when prosecuting the Duke lacrosse case.
Yet another compared Mosby’s actions to those of Doug Gansler, who was disciplined for using the media to grandstand and prejudice three murder cases he was prosecuting in Montgomery County, Maryland.
Napolitano, however, didn’t feel Mosby’s actions quite rose to the level of kicking her out of the bar.
“I haven’t seen anything that rises to disbarment, which means taking her license away forever,” he said. “But I have seen behavior which would cause me … were I the judge in this case, I would seriously question her competence to try the case in a fair manner.”
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