Baltimore Prosecutor’s Office Should Be Investigated for Gray-Related Murder Charge

The disturbing revelation by The Sun this weekend that Baltimore State’s AttorneyMarilyn Mosby or one of her prosecutors may have used a misleading summary of evidence to persuade a grand jury to indict the six Baltimore police officers charged in the death of Freddie Gray demands a formal investigation. The cardinal duty of a prosecutor under the Maryland Lawyers’ Rules of Professional Conduct is to “refrain from prosecuting a charge that the prosecutor knows is not supported by probable cause.” At least as to the second degree murder charge against Officer Caesar Goodson Jr., there is ample reason to initiate an investigation in order to determine if that duty was violated.

When Ms. Mosby announced the charges against the six officers at her press conference on May 1, 2015, it was the murder charge against Mr. Goodson that propelled Ms. Mosby to national prominence. The charge also stunned legal experts. It now appears that Ms. Mosby never had evidence sufficient to prove that charge; Mr. Goodson, who was driving the police van in which Freddie Gray sustained a fatal spine injury last year, was acquitted of all charges against him last week