Posted on 05/06/2015 1:33:29 PM PDT by jazusamo
Full title: Md. Atty Claims Gray’s Knife Was ‘Lawful,’ But Says Evidence ‘Collected Cannot Ethically Be Disclosed’ to Public
(CNSNews.com) – As questions mount about what type of knife Freddie Gray reportedly was carrying when he was arrested on April 12, Maryland State Attorney for Baltimore City Marilyn Mosby said such “evidence” could not “ethically be disclosed,” although she accused six Baltimore police officers of illegally arresting Gray by claiming the knife in question was “lawful.”
“While the evidence we have obtained through our independent investigation does substantiate the elements of the charges filed, I refuse to litigate this case through the media,” said Mosby in a May 5 press release.
“The evidence we have collected cannot ethically be disclosed, relayed or released to the public before trial,” she said. “As I’ve previously indicated, I strongly condemn anyone in law enforcement with access to trial evidence, who has or continues to leak information prior to the resolution of this case. These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved.”
Mosby charged all six officers with misconduct in office and second-degree assault after Gray died from a spinal injury while in police custody following his arrest. The officers are William Porter, Garrett Miller, Edward Nero, Caesar Goodson, Lt. Brian Rice, and Sgt. Alicia White.
Miller, Nero and Rice were also charged with false imprisonment.
Porter, Goodson, Rice and White were also charged with manslaughter, and Goodson was charged additionally with second-degree murder.
During a press conference on May 1, Mosby publicly claimed the officers “illegally arrested Mr. Gray” because the knife Gray carried was permissible under the law.
“The knife is not a switchblade and is lawful under Maryland law,” Mosby stated.
“Lt. Rice, Officer Miller and Officer Nero failed to establish probable cause for Mr. Gray’s arrest, as no crime had been committed by Mr. Gray,” she continued. “Accordingly, Lt. Rice, Officer Miller and Officer Nero illegally arrested Mr. Gray.”
Defense Attorney Marc Zayon, who represents accused officer Nero, filed a motion in Baltimore City District Court on Monday, May 4, requesting that Mosby allow the defense to inspect the knife to ensure her claim that it was in fact legal.
Mosby’s May 5 press release made it clear she would not release any evidence, claiming that it could not “ethically be disclosed.”
Freddie Gray’s arrest report, filled out by Miller, claimed that Gray had violated Statute 19.59.22 of the Baltimore City Code, which states: “It shall be unlawful for any person to sell, carry, or possess any knife with an automatic spring or other device for opening and/or closing the blade, commonly known as a switch-blade knife.”
Sec. 4-105 of Maryland’s Criminal Code defines a switchblade as “a knife or a penknife having a blade that opens automatically by hand pressure applied to a button, spring, or other device in the handle of the knife, commonly called a switchblade knife or a switchblade penknife.”
In the report, Miller stated he personally recovered the knife from Gray and inspected it, determining that it was a “spring assisted, one hand operated knife.”
CNSNews.com reached out to Zayon on Wednesday, May 6 for comment as to whether Mosby’s office had yet responded to his request to inspect the knife. As of this writing, Zayon had not responded to emails or calls.
Freddie Gray’s Knife – Why is Prosecutor Claiming Unlawful Arrest?
http://www.freerepublic.com/focus/f-news/3285581/posts
It Begins – The Knife Baltimore Prosecutor Mosby Said Wasn’t Illegal, is Actually, “illegal”….
http://www.freerepublic.com/focus/f-news/3286365/posts
If she passed the bar exam, a bigger if daily, she knows she has to let the defense examine the knife - its Brady material that has to be produced. And not a law in America says the defense can't talk to the media about it.
Her statement she does not want to try this case in the media isn't just a lie, but also exposes her as a hypocrite.
The problem is when this case implodes, Baltimore likely explodes because of the false expectation this attention-whore planted.
Which is the point of the leaks...the dumb prosecutor is being deliberately undermined by the very police force she threw under the proverbial bus.
I have a strong feeling the knife was unlawful to carry and she knows it, she’s between a rock and a hard place.
It is not unethical to discuss the evidence. There is not to my knowledge, a gag order. And it may not be relevant whether the knife is legal or not but the question is whether under the facts and circumstances the arresting officer reasonably believed that the knife was illegal.
Agreed, good post.
She is proving herself as being incompetent. But it took Michael NiFong (the corrupt Duke Lacrosse case DA) a while before all his wheels came off and he was disbarred. Mosby is in the early (hiding of evidence) stretch of this political persecution and attempt to Nifong the officers.
Why not simply announce the brand and model of the knife?
Releasing that information cannot possibly be “unethical”.
She’s 35 but acts & speaks like a 17 yr old hood rat!
I hope she is under that rock with her future job aspirations.
What do you wanna bet that when and if there’s a trial, the knife in question is either ‘lost’ or is replace by a ‘legal’ one...........
A "spring assisted" opening knife is NOT a switchblade.
This is nothing but a ‘witch hunt’ to discredit the law enforcement in that city and to incite riots in other cities across the United State....
Baltimore might put up with this crap, but I can guarantee there are cities that WON’T...
The Left will try to rewrite the laws of Maryland and the United States before they'll give up on Marilyn Mosby. Starting with the laws of criminal procedure.
After that, I would expect to see them try to toss the laws pertaining to jury selection into the trash can.
well, the 3 are white-blacks, like George Zimmerman was a white Hispanic.
..or 3 Whites & 3 Oreos.
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