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Baltimore Police Investigation Doesn't Support Some of Prosecution's Charges

May 07, 2015  | 

The Baltimore police investigation into the death of Freddie Gray doesn't support some of the charges, including the most serious, filed by the Baltimore City State's Attorney, potentially allowing lawyers representing the police officers the opportunity to undercut the prosecution, according to officials briefed on the separate probes conducted by the State's Attorney and police, reports CNN.

Already, defense attorneys are filing motions seeking to exploit differences between the separate state attorney and police investigations.

Lawyers for two officers have challenged a key finding of State's Attorney Marilyn Mosby's case: that a knife found on Freddie Gray was legal in Maryland and therefore the officers didn't have a right to arrest Gray. The police investigation found that the knife is illegal under Baltimore city code.

Officials familiar with the probes also say the homicide investigation run by police investigators at most contemplated a manslaughter charge, not second degree murder as Mosby charged one of the officers, Caesar Goodson. To win conviction for murder, prosecutors must prove intent to kill. Manslaughter relates to unintentional killings.

Another issue could arise from the team Mosby relied on to lead her case: one of her top investigators, Avon Mackel, is a former high-ranking Baltimore police officer who was stripped of his command post in 2009 for failing to follow through on a robbery investigation that two of his officers mishandled and did not report.

Comments (15)

Displaying 1 - 15 of 15

Federali @ 5/7/2015 4:37 PM

Looks like the house of cards is starting to fall!

kevCopAz @ 5/7/2015 4:52 PM

Now we will see the truth coming out, Mosby is playing politics eating to either keep her job or move up in disregard for doing her job and checking facts not going with the crowd AND the lead investigator has a huge grudge against the B.P.D.! MMMM can anyone smell something? I think we have a "Duke rape case" prosecutor once again, politics first (want to stay in office) , truth and doing tier job last, if even part of their equation. I wonder how Mosby and the Mayor and BLACK power structure will work in "white privilege" and "Racist cops" into this mad up situation. There are soon many reasons Mosby should step away from cade, husband on City Council and has a vested interest in results (for his job and for the city pending civil action, Her "24 hr" investigation and decision" as well as playing to the crowd as she did when announcing the charges.

DEADMAN @ 5/7/2015 5:05 PM

I knew that she was blowing smoke as soon as she opened her mouth,where was everybody else,everything she said was bogus.She should have been challenged,5 minutes after she opened her mouth and i live in OHIO.She is a complete fool.

Tom Ret @ 5/7/2015 6:16 PM

When I listened to Mosby concerning her bringing charges against the 6 officers she sounded to me more like an advocate for the rioting mob than a detached and fair seeker of truth and justice.

gp cobb @ 5/7/2015 6:46 PM

IMO: this whole investigation and hanging out the charges to dry was an attempt by the local authorities to save Baltimore's ASS. Despite the PTB efforts to start wars all over this blessed country, Rant OFF.

Chuck @ 5/7/2015 10:46 PM

Glad the truth is starting to come out. I pray every day for my brothers in blue.

Ima Leprechaun @ 5/8/2015 5:55 AM

The prosecutor filed her charges before any comprehensive investigation had been completed. Her filing was strictly politically motivated and her charges will most likely be vacated. I can only speculate on this subject since I have no direct knowledge of the event, only what is available to the general public. I suspect if any charges were to be filed a reasonable person would wait until all the investigations were completed. But by jumping the gun these arrests will prove to be a backlash on the prosecutor for making a political assumption and not a factual one. It's going to be a long hot summer.

BT @ 5/8/2015 6:05 AM

Throwing the cops under the bus to avoid a Furgeson, Mo.

Bill van Loon @ 5/8/2015 6:54 AM

I agree w/ Ima. I am just a citizen and what SA Mosby said didn't even pass my smell test. How does the SA's office conduct an investigation for something like this and bring charges in just days? Something's off. And then if these charges are vacated, think about the potential for more and maybe worse rioting.

RW @ 5/8/2015 7:41 AM

Did anyone notice when she spoke to the young people i.e. rioters she stated it is "Our time now". Not your time, but she included herself.

XXXXX @ 5/8/2015 11:31 AM

Yeah but the unfortunately reality to all of this is that, when they "protesters" start chucking their rocks again because of this poorly handled situation, Mrs. Mosby will be hiding under her desk as the officers on the street are getting pelted again.

Leo @ 5/8/2015 10:10 PM

To bad exaggeration isn't a crime because if it were so, the above comments would be leading cause for probable cause. Listen, the prosecutor did her job as many other prosecutors before her didn't when white officers got away with murder of young and old black men. To fascinate over how she conducted her investigation is anyone's guess. Playing to the crowd? Black power structure? "White privilege?" "Racist cops?" Come on, where's the commons sense? Racism does play a significant role in the outcome of crimes in our nation. Check the history on that as well as the statistic count. Start in Baltimore. The sad part in all of this is that we expect the prosecutor to always side with the police and in this didn't happen. Perhaps She the Mrs. Mosby sided with justice, something missing in our society lately. As this case unfolds many questions will arise. One things for certain..A man died while in police custody thus making all participants negligent. Let the professionals work!

Johnny cop @ 5/9/2015 6:21 AM

Less than two years to go and I am so thankful. Fools like Moseby, obviously a little racist herself are going to be the death of this great country. People need to wake up and fight for LE, as I promise the alternative is gonna be much worse!!!

Terry Zech @ 5/9/2015 3:50 PM

I hope that this is all done fairly in just leave and when they prove that there's nothing to the charges that these officers are apologized to I have one year left also before retirement take care thin blue line.

Terry Zech @ 5/9/2015 3:51 PM

One year left to go for me

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