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.