Rough Ride for Marilyn Mosby

“I know that the majority of police officers are really hard-working officers who are risking their lives day in and day out, but those really bad ones who go rogue do a disservice to the officers who are risking their lives and taking time away from their families. You have to apply justice fairly and equally, with or without a badge, and that’s what I intend to do.”

– Baltimore State’s Attorney Marilyn Mosby in the January, 2015 Baltimore Magazine

Baltimore State’s Attorney Marilyn Mosby has had it rough lately, as outlined in a recent New York Times article. Mosby started the job just 18 months ago knowing that the Baltimore community distrusted law enforcement.

Then, when Freddie Gray died in police custody in April of 2015, she faced a tumultuous public outcry to do something, to hold someone accountable. Twelve days after Gray’s death, the coroner’s report came out stating that Freddy Gray died of a homicide, and Mosby decided to press charges against the six officers involved in his arrest.

She stood on the courthouse steps, in the glare of the national press, and vowed to bring those responsible for Gray’s death to justice. Now, after two trials, there are no convictions, and many say the young, inexperienced prosecutor was inappropriately influenced by the public’s outcry and moved too quickly to file charges against the officers involved.

That a prosecutor moved too quickly and without a strong case may seem par for the course to many, but since the rushed case was brought against police officers, the situation is unusual.

Baltimore, and the nation, paid close attention to the latest trial, and the courtroom was packed on May 23^rd when the judge ruled that the prosecution failed to prove its case on any of the charges brought. Officer Nero was acquitted of the assault, misconduct in office and reckless endangerment charges in the case. His lawyers said Officer Nero and his family had considered the charges a “nightmare” and they were “elated” he was found not guilty.

The defense team felt Mosby “rushed to charge” Nero, and implored Mosby to drop the charges against the remaining five officers. One officer has been tried previously, resulting in a mistrial. Mosby plans to re-try that case in September.

Mosby clearly feels she must hold someone accountable to serve justice. After all, Freddie Gray was healthy before he was arrested, shackled, and placed in a police van. He came out of the van in a coma, with a broken neck, and died a few days later.

Maryland criminal defense attorney Kush Arora commented, “This case highlights the difficult job that prosecutors have in balancing the interests of the community that they serve versus the interests of justice. Going forward, it will be interesting to see how the most recent verdict impacts the state’s decision to proceed on all other trials.”

Some believe Gray died of injuries suffered during his arrest. Others think Gray died as a result of the brutal, unsanctioned practice known as a “rough ride,” in which officers intentionally allow handcuffed, restrained prisoners to bounce around inside an erratically driven police van.

The trial for the driver of the van, Caesar Goodson, who prosecutors assert is most responsible for Gray’s death — will start in two weeks. Goodson faces the charge of second-degree murder.

Mosby’s challenge, and the challenge facing prosecutors across the land, is finding ways to “apply justice fairly and equally, with or without a badge,” and making cases stick if and when anyone entrusted with power violates that public trust and wields their power illegally.

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