First, Baltimore City State’s Attorney Marilyn J. Mosby said that she shared solidarity with Baltimore rioters over the police custody death of Freddy Gray… said that “our time” has come… and that she shared the “Rev.” Al Sharpton’s call for “No Justice, No Peace”.
Then, after making these political statements from the public podium, she took less than a day to review the Freddy Gray case file before charging six Baltimore police officers with multiple felonies including second-degree murder and manslaughter in the case.
Then she asked the presiding judge to issue a gag order to silence witnesses, police investigators, the defendants and their attorneys in the case.
Now she has filed a motion for a protective order with the court to keep the results of the Freddie Gray autopsy secret. According to the Baltimore Sun:
“Gray’s autopsy was released only to Mosby’s office, as required by state law. The Baltimore police department, which was conducting a parallel investigation at the same time Mosby’s investigators were conducting one of their own, was not provided the results of the autopsy.
If Mosby’s request for the protective order is granted, only the state’s attorney’s office and defense attorneys would be allowed to view the autopsy results and any other new filings in the case.”
Ivan Bates, the attorney for Alicia White, the lone female officer charged in the case, told the Sun that Mosby’s motion indicates:
“…there is something in that autopsy report that they are trying to hide.”
“Mrs. Mosby is the one who did an announcement discussing what she said the evidence was in a nationally televised speech, and now that it is time to turn over the evidence, to ask for a protective order is beyond disingenuous…” “It’s as if she wants to do everything to make sure our clients do not get a fair trial.”
“Nobody would know anything but the state and the defense, so they would totally hide it from the public,” he added. “If your case is as good as you said it was, why don’t you just show the evidence?”
“You can’t holler and say, ‘I’m about accountability for the citizens,’ and then run around filing for a protective order.”
An autopsy report – a document often but not always released to the public – would shed light on how Freddie Gray was injured in the back of a police paddy wagon on his way to booking and why he died in the hospital on April 19 – a week after his arrest.
The question everyone is asking, including the news media, is why all the secrecy?
Why is Mosby, who politicized the investigation and brought into question her ability to impartially investigate and prosecute the case, trying to keep the truth about what happened from leaking out?
Is it because the report would back up police accounts of how Freddie Gray was injured?
Is it because the truth would spoil the “race war storyline” that the “Rev.” Al Sharpton wrote for her – a storyline that Mosby endorsed from her bully pulpit despite the fact that Baltimore has a “minority majority” police department and that three of the officers accused in the death are black?
To lay these questions to rest, Gene Ryan, president of Fraternal Order of Police Lodge 3 sent a letter to Mosby asking her to recuse herself from the investigation and appoint a “Special Independent Prosecutor” in the Freddie Gray case.
In his letter, Ryan writes:
“I have very deep concerns about the many conflicts of interest presented by your office conducting an investigation in this case.”
“These conflicts include your personal and professional relations with Gray family attorney, William Murphy, and the lead prosecutor’s connections with members of the local media…” “Based on several nationally televised interviews, these reporters are likely to be witnesses in any potential litigation regarding this incident.”
“Most importantly, it is clear that your husband’s political future will be directly impacted, for better or worse, by the outcome of your investigation…”
“In order to avoid any appearance of impropriety or a violation of the Professional Rules of Professional Responsibility, I ask that you appoint a Special Prosecutor to determine whether or not any charges should be filed.”
The letter continued:
“We recognize that there are many dimensions to this situation: the public sentiments – on all sides; the investigation being conducted by your office; the internal police investigation; and a necessary review of the tools, equipment, and resources afforded to Baltimore police officers in order to carry out their sworn duty as police officers.”
The letter also states that the officers involved in the case are “sincerely saddened by Mr. Gray’s passing” adding:
“They are all committed police officers who have dedicated their careers to the Baltimore City Police Department…” “And that has been lost in all of the publicity. All death is tragic. And death associated with interaction with police is both shocking and frightening to the public.”
“Each of the officers diligently balanced their obligations to protect Mr. Gray and discharge their duties to protect the public,” the letter states. “I have full faith in your professional integrity.
While I have the utmost respect for you and your office, I have very deep concerns about the many conflicts of interest presented by your office conducting an investigation in this case.”