Monday, May 4, 2015

Baltimore's Hasty Prosecutor


Baltimore State’s Attorney Marilyn Mosby’s  “quick” and “decisive” action in charging six Baltimore police officers a mere two weeks after the death of Freddie Gray reflects inexperience, recklessness, political ambition, or all of the above. 

Alan Dershowicz, the noted defense attorney, sharply criticized her for using her charging power as “crowd control.”    John Banzahf, a George Washington University law professor, predicted the eventual dismissal of most if not all the charges.  The breadth of the charges, Mosby’s overreaching, is all-too-obvious. 

Any prosecutor interested in the truth and in justice would have used all the tools at her disposal to find them.  She has perhaps the most experienced homicide prosecutor in the state of Maryland as chief of her homicide unit, but did not ask him to investigate.  She had access to the completed police report only one day before filing charges. And she failed to make use of the Grand Jury to gather, probe and test the evidence before a group of average citizens. 

The Fraternal Office of Police called Mosby’s charges an “egregious rush to judgment.”  It smacks more of a calculated push to the spotlight, filing charges after a mere two weeks.  She conducted her own “parallel” investigation using her police integrity unit (the only unit for which she fails to list a supervisor on her website.)  She received the autopsy report the same day as her press conference announcing the charges.  In her haste to step into the national limelight, she circumvented normal charging procedures by grabbing a member of the sheriff’s office to file them for her.  Her actions appeared calculated for maximum surprise and effect, and she got it.

But she was so hasty she drew up warrants for the wrong people.  And her arrest of two of the officers for making an illegal arrest was itself "illegal."  Had she taken the time to discuss it with the police department, she'd have avoided an embarrassing and unjust result.

Published ethical standards prohibit the use of a prosecutor’s powers for political or personal purposes.  They demand that prosecutors be fair and objective and protect the innocent.  Instead Mosby, without all of the evidence yet available to her, pandered to the protestors by saying she had "heard [their] call for 'no justice, no peace'" and promised to work for “justice” for Freddie Gray, an ethical violation for which a former prosecutor immediately blasted her.

For those who feel gratitude to Mosby because of the result - the stemming of the violence, the charging of police officers, etc.- their thinking is understandable but misguided.  Switch the players and the decision, for example.  Suppose Gregg Bernstein was still in office, and two weeks after Gray's death announced that he did not find criminal culpability. Wouldn't we all agree that he could not possibly have taken his time to reach the right result?  And would we not also be suspicious because his wife was a major player in police operations not long ago? People who approve of Mosby like the result, but the process is more important for the integrity of her office. We have to be able to trust that no matter what the top prosecutor will act without bias or influence, whether it be from a mob or a relative or a campaign supporter like the Gray family lawyer, Billy Murphy.  

Mosby has undermined the cause of justice rather than promoted it with her haste.  She has created an expectation of guilt and conviction.  But her own charging documents do not even support the most sensational charge of second degree murder, and they raise multiple points of doubt about other charges.  If no convictions occur, many will blame the system as unfair or unjust, when it may have been Mosby’s own lack of competence and/or ambition in bringing charges so quickly. However much her performance raises her to star status, she will have dealt a blow to the justice system.  

And she has created a new expectation in the city:  that police officers who arrest without what she considers to be probable cause (an often subjective standard) are subject not just to civil action (the current norm) but criminal action.  Mere mistakes, or judgments exercised under duress, can land them in the pokey. 

How about Mosby's own mistake?  Her case against the two arresting officers rests upon an "illegal" arrest.  She says the knife that Freddie Gray was carrying was legal.  But according to the Baltimore Sun, the police task force examined it and said the officers were indeed correct, the knife was spring-assisted and therefore prohibited.  If so, it was Mosby who made the "illegal" arrest, and could be charged under her own theory of "false imprisonment." And sued to boot, since she forfeited her immunity from civil action by doing the charging herself.   

If I were a Baltimore police officer, I’d be looking for another job immediately.  And as a Baltimore citizen, I may start looking for someplace else to live.   When the police cannot depend upon the state’s attorney to be as thorough, competent, non-political, and fair with them as she is supposed to be with all citizens, none of us will be safe.     

58 comments:

  1. Thanks for keeping on this outrage, Page. The hypocrisy of a prosecutor saying that "no one is above the law" as she assumes that prosecutors are above being held to ethical standards is excruciating. Few understand what was wrong---and so much was wrong---with her cowardly decision to seek a show trial in the absence of probable cause. The news media is completely negligent, as well as ignorant. Keep up the pressure. I'll be doing the same.

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    1. Thank you! I have just discovered this blog and was heartened by the statement!

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    2. Very objective legal blog. Md law and Balt city code on illegal knives are a bit different. The latter is stricter and is in section 59.22 of city code. Ms Mosby has made a shrewd guess and a tentative leap at a politically courageous conclusion. As a life long MD resident please keep up your effort to improve the judicial system in Md.

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  2. On Target as always Page...
    THANK YOU!

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  3. No third party opinions change the fact that the police department itself conceded that the officers were derelict in their duties. Freddie Gray died as a result of that dereliction. The adjudicators, be they judge or jury, will decide, not Alan Dershowitz or Ms. Croyder.

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    1. The adjudicators will not have to decide whether the officers were derelict in their duties, but whether they committed a crime. Dereliction may only mean negligence, which is not a crime (though definitely a civil suit.) And yes, that will be their call. My article is about the process.

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    2. Actually, nonfeasance is a common law misdemeanor, albeit not one charged by this prosecutor.

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    3. And that process is moving at its proper pace and in the right direction; it doesn't take months to determine evidence that is so obvious...although I'm sure you hypocritical Rethugs would like us to be blind to it.

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  4. Great article! I assume the line below should read legal instead of illegal. I hope the change can be made so as not to confuse the readers.

    "In fact, as The Sun reported, the Police Task Force found it to be illegal after all."

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    1. Thank you. The error is corrected here, it may still be in error on the Sun's website.

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    2. Page,
      Do you mean to write that the Task Force found that the knife was illegal or that the arrest of Gray was legal? Or that the stop was legal? For clarity, was the knife found to be illegal by the Task Force?

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    3. The Sun reported that the Task Force found the knife to be illegal.

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    4. Thanks very much for making that crystal clear. I hope that the sharpness of some of the comments won't deter you from writing more.

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  5. Sanity. Pure sanity in a mad, mad world. Thank you.

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  6. Excellent article. Factual and without prejudice. Thank you for standing up with facts not fiction or political persuasion.

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  7. Would you mind awfully citing the law that describes an assisted opening knife as illegal? Switchblades, I understand, are illegal. But this is not a switchblade.

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    1. "Commonly known as a switchblade." One hand assisted openers are not switchblades. And I can assure you that a large number of Baltimore City Police Officers carry such knives. They know the difference.

      And, if you have a minute, could you please cite the code so that others can look it up?

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    2. Again md law and Baltimore city code is different. Balt city is stricter. I would hope that the knife Freddie gray carried has been documented and entered into evidence correctly...violation of that city code foe carrying an illegal knife is $500 fine or one year in prison. I think more public outreach needs to be done one this city code so the public can understand it better. It needs to be put into very plain English.

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    3. Yes based on my limited experience on a few civil cases against manufactures I think Ms Mosby rushed to judgement on this. If Ms Mosby was concerned about justice for Freddie Gray, she should have at least assigned the case to her most experienced prosecutor..She should have reviewed md law and Baltimore city

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    4. Billy Murphy is the person who determined the knife is legal, he did not say it was not a switch-blade. Marilyn Mosby is the person who asserts the knife is also not a switch-blade.

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    5. The code says "commonly called a switchblade" rather than simply "switchblade" for a reason. I'll bet you can figure it out.

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    6. Article 19 section 59-22 is the relevant city code section.

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  8. Seems like the police finally get a taste of their own medicine. Police SHOULD BE HELD RESPONSIBLE FOR THEIR ACTIONS. THEY ARE NOT ABOVE THE LAW. AND I personally think you haven't the foggiest on how it feels to deal with this part of the system REGARDLESS OF your credentials
    You aren't black. We get treated like absolute crap by the system. And it's high time that the police be responsible for their actions. I really feel sad for you. Why? Because if you really wanted to help, regardless of Mosby incompetence, why don't you look into what really happened. Look into what happened with a friend of mine, Sheron Jackson. Did he deserve to get shot by a police officer in his living room when there was NO EVIDENT THREAT? let me explain to you how it feels to be a black man in Baltimore being pursued by the cops, even when you haven't done anything: am I gonna get arrwsted, beaten or shot today? Or can the Lord Himself come and intervene for me so I can just get to my destination? I got robbed and a white cop tried to leave me 8 miles from my house after I GOT ATTACKED!!!.are you serious about Mosby? You have better things to blog about if you TRULY want to make a difference. Because lady, you have NO IDEA WHAT THE POLICE DO TO US! Even the ones of our color conform and treat us like crap.



    " whomever fights monsters should see to it that, in the process, he does not become a monster"- Friedrich Nietzsche

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    1. So payback, that's what you want. Just say it. Payback for all the real and imagined grievances you've ever felt, payback for things that happened to your ancestors, payback so you will feel better about yourself as a human being. But you won't, you know, because these six police officers, three of whom have the same right to your grievances as you do, are not responsible for the fragrant toilet that is your life.

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    2. Is odd that your cry about being mistreated by the "system", but demand police be charged no matter the facts

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    3. The rest of the Nietzcshe quote you used is; "And if you gaze long enough into an abyss, the abyss will gaze back into you". After reading your comment I would suggest you have gazed far to long.

      I don't live in Baltimore and have only visited. I can say that if a city with a minority population of 63% which has consistently elected Democrat Mayor's since 1967 (only two Republican Mayor's since 1941), that currently has a Black Female Democrat Mayor (since 2010), a Black Police Commissioner and with a police force that is 52% minority (44% Black, 7% Latino and 1% Asian) is so very hostile to Blacks as you say (and I have no reason to question you), the problem isn't ethnicity.

      I was once in a similar position. I lived in a very high crime community where I saw my home broken into, my car broken into and vandalized and was stopped several times by the police as I walked to the nearby party store. Like you, I found this behavior (crime, ignorance and police conduct) wrong. I moved. You should consider doing the same.

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  9. So, Ms. Mosby got nothing right about going after those who oversaw and perpetrated the brutal killing of Freddie Grey? I applaud Mosby, and I look forward to following the trials. Your blog, sadly, detracts from the true focus which is an unnecessary and unwarranted death.

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    1. Even Mosby does not suggest Freddy had a broken spine prior to entering the van. The video shown in most MSM coverage conveniently cuts just before he gets there. He did support his weight. Using Twitter, unknown sources, and the Grey lawyer statements as evidence of brutality demonstrates a failure to think independently.

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    2. I believe you missed the point of the post by Ms. Croyder. She commented not on the death of Mr. Gray but on the actions of the prosecutor. Playing devils advocate, will you be happy with the prosecutors actions if all charges are dropped or if the police are found not guilty? Further if that becomes the reality will you see it as the "system" being wrong or the person within the system who made the decision?

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    3. True, it does. Once those officers (two in leadership roles) placed Mr. Gary under arrest (illegal arrest, which no one seems to care about), they were and are morally and per departmental policy/procedure responsible for his well-being until he, Mr. Gray, arrives at either the NW District or Central Booking. Ms. Croyder knows this. These officers failed to follow policy/procedure of the BPD which caused Mr. Gray's death. I can't believe that so many think these officers should not be held responsible in some way. I guess...well I won't say what I really want to say.

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  10. Wake up people. Marilyn Mosby is doing this knowing she will lose so she can tell Baltimore, "I tried Baltimore"

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    1. That's ridiculous. YOU need to "wake up". She's 3 months into a new, elected, high profile, high responsibility position. She's not about to make an enemy of the entire police force and look like an inexperienced fool to the people who elected her, just so she can say "I tried, Baltimore". Her campaign was based on the principle that she was going to start holding police accountable for their actions, and that's exactly what she's doing.

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  11. Another issue is: Marilyn Mosby is overcharging hoping the cops will take a plea--common with prosecutors but a no-no.
    I wonder if she will try to get seperate trials?
    She won't prosecute it will she? Or will she do as Angela Corey did?

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    1. I think the police officers will request a change if venue for the trail. There is obviously negligence at minimum in the Freddie gray case. I would hope that our new attorney General would convene a grand jury to investigate this case in order for justice to prevail.

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  12. Last comment: Please continue to report/blog on this case.

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  13. Ms. Croyder you were a part of a State's Attorney's office that couldn't convict people of hacking to death children with a machete - you have no credibility - except in your own mind.

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  14. I have a Graduate Degree and my undergrad is in Criminal Justice. I used to be pro-Police, but after watching them over the years, I am disgusted by what I have seen.

    The prosecutor is spot on. She is the only female with the gonads to go after the Cops, the same way Cops go after citizens. Somewhere since they were created, the cops got the idea that they are in charge and that anything that happens must go through them. Sort of like they are the Marshal of an old West movie.

    Cops, when they get in trouble, act like they should be held to a lower standard and given all benefit of the doubt, while a regular citizen gets full treatment.
    The opposite should be true. Cops who lie, cheat or even get charged with a crime, should lose their jobs automatically. The mere perception that a cop can't be trusted, is detrimental to their ability to work with their community.




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  15. So you say this is not justice? But this is how justice works for young black men (and others) in this nation EVERY DAY - whether they live in Baltimore City, Baltimore County, Ferguson or any other place. Yes, finally a taste of their own medicine! Our young men are treated like sport, chased down on the street, sought out even in their homes by swat teams who break down their doors, arrested without regard for truth or circumstance, beaten, maybe killed, charged with numerous and ridiculous charges that are "trumped up" so they and the states attorney's and sadly even some judges can get a "win". Grand jury's serve this system as well, whom like many judges, blindly accept as "truth" whatever lies the police and prosecuters want them to believe. Its never about truth or justice for our young black men.
    You say these officers are too quickly and unjustly accused, over charged? I say this time these police officers, some good who went along with the program, and some bad who live to treat our youth badly, even like sport and who laugh about it later got caught doing what they do EVERY DAY. And you are appauled by Mosby? She did what every states attorney does EVERY DAY, but this time she held these officers accountable in the same manner in which our young men are held accountable EVERY DAY. Is it justice? When it happens to young black men and others, its called justice! These officers killed a man for no cause and without regard for him or the law. Will he get justice?

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  16. Excellent article, Ms Croyder. I am wondering if, at the very least, the two innocent officers who were arrested would have a case for Malicious Prosecution, were they determined to have been falsely arrested and charged by Mosby? And, would/could malicious prosecution also apply to the other officers if it is determined or decided Mosby acted incorrectly, maliciously, inappropriately and/or unlawfully by her expedited actions or abuse of power?

    My comment to 'unheardUnseen' is this: Instead of complaining in the media, what are you doing to change your environment? Are you going into your schools, along with uniformed police officers and speaking with the children? Are you teaching the children right from wrong? Are you teaching them not to listen to rap lyrics or any other source of 'information' condemning the police, promoting the drug / thug culture and glorifying the murder of police officers? Are you speaking with them about the number of black on black deaths, which are far greater than officer involved incidents? Are you working with the police to help them help you to change society's impression of black people? Are you teaching them to respect authority, respect adults, respect themselves, respect their community, respect their friends? Are you teaching them not to run from the police, not to steal or loot, not to drive without a license, not to shoot heroin or smoke dope, not to do any of the other criminal acts that promotes the negative stereo-typical impression and observation by police and the law abiding citizen, whatever that officer or citizens race is?

    Are you teaching them about the works of Martin Luther King and not the Al Sharpton's and Jesse Jackson's of the black community? Are you providing and promoting positive black role models for your children to look up to and try to emulate, rather than criminal sports players and gang bangers? Are you teaching them about the Luther Burbank's and George Washington Carver's of their culture?

    'unseenUnheard', just what ARE you doing to make your children proud, respectful, contributing, law abiding citizens who don't have to fear the police? The only way gain respect from anyone - including the police - is to give respect. You demand respect from the police? Then respect them! Show them, PROVE to them, you are worthy of that respect! In time, and yes it will take time, but in time, your positive actions will have a profound impact on how society views you.

    My grandfather's philosophy, which was also mine during my 21 years in law enforcement -and is still mine to this day- is 'never belittle anyone, not even the garbage man, for one day you may work for him'.

    How many children in your community would make excellent police officers, were they given the proper environment to consider that a viable option? And of those children, how many would improve the relationship between officer and citizen?

    If you want positive change, then provide a positive environment for your children to excel in. If you want to prepetuate the same old stero-typical view that others have of the black community, maintain the current business as usual environment as it now appears.

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  17. The people in those communities can only hope that officers like the rogue criminals with guns and badges in the BPD will take your advice and find jobs elsewhere. This prosecutor has more courage in her pinky finger than you have as a whole person. These officers WILL BE CONVICTED and sent where they belong. It will send and a long overdue message and no thanks to the status quo jokes in the prosecutors office like yourself. Officer can do no wrong in the eyes of people like you. You never looked to see if any crime had been committed by officers; you looked for ways to get them off which is TOTALLY COUNTER to what a prosecutor is supposed to be by definition. Essentially you were a prosecutor to the general public and a defense attorney to the BPD.

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  18. "Mere mistakes, or judgments exercised under duress, can land them in the pokey."

    Mere mistakes? You do realize that a man is dead, right? Kinda bigger a 'mere mistake'.

    This entire article reads, 'Former career prosecutor bashes elected prosecutor because she disagrees with the charges.'

    Maybe it is time for you to look for a new place to live.

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    1. I was referring to mistakes about probable cause, not mistakes that cause death (which may still be negligent mistakes and not criminal mistakes. That will be for the fact-finder to decide.)

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  19. Yes, Mosby's action was hasty, and, yes, she was under a lot of pressure. Maybe we've gotten to the point that pervasive inequality is dangerous to all of is.

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  20. Ms. Croyder,
    By my count, this is your first post on your blog in nearly 10 months. That's interesting.
    Also, in looking through your archives, one finds little mention of Marilyn Mosby - save, of course, for this rather interesting item on July 2, 2014:
    "Marilyn Mosby, who just defeated Bernstein in the primary election, lacks the experience to fully comprehend the enormity of the task in front of her, let alone be able to hit the ground running. And the state's attorney's office will hemorrhage experienced people these next six lame-duck months, making the task that much harder. It doesn't mean that Mosby, should she win in November, can't eventually succeed. But her learning curve will be very steep and at public expense."
    1. Would it be fair to assert that you did not support Ms. Mosby's candidacy for the position?
    2. Would it be fair to assert that you have staked out the political and legal positions that Ms. Mosby "lacks the experience" for the post and that lack of experience will come at "the public's expense" ("Postmortem for a State's Attorney", July 2, 2014)?
    3. Would it be fair to assert that in your item posted above and in The Baltimore Sun in which you claim Ms. Mosby's decision to charge said officers in the death of Mr. Gray "reflects inexperience" does little more than to reemphasize the political and legal positions and their underlying justification that you took regarding Ms. Mosby more than 10 months ago?
    (To be continued)

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    1. Your research would also tell you that I announced the end of my blog last summer. This was just such a momentous event that I weighed in to again explain to citizens how the criminal system works and does not work. I took no position on the state's attorney's election last summer, as your research would tell you, and I criticized her predecessor's performance. I made my original comments about Mosby in light of my experience. The job is incredibly difficult, and she lacked the credentials. I did not write a blog when she took office and immediately and fired a prosecutor in the middle of trial, even though I felt that harmed her office in two respects, so I was not looking for reasons to publicly criticize her. You, not I, have raised the issue of "I-told-you-so." I did and continue to wish her well, for her success will be the city's success.

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  21. Most of the folks I hear blathering on about Freddie’s switchblade are pro-second amendment types who affirm we have a Constitutional right to assault weapons & concealed-carry handguns. But they draw the line at switchblades? WTF!

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  22. Thank you for your decision to comment on this situation. It seems to be unbiased and factual. It saddens me greatly to see, even within these comments, personal attacks against someone who is simply commenting on the facts that are evident thus far. What ever happened to disagreeing with someone's point of view, even heatedly, without attacking the writer personally? Anyways, my thanks to you, Ms.Croyder for your commentary here and on Fox News. I concur with an above commenter that I hope you will continue to share your thoughts on this case. Very insightful and valuable!

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  23. If you have been complicit with police brutality all these years then you are part of the problem.

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  24. You give law a bad name. You are only angry because she moved swiftly charging POLICE. Had six men ambushed and nearly ripped the head off of a cop, you would not have demanded years of investigation and grand jury proceedings. You would be after blood. Your TYPE - and I mean that clinically - is easy to spot. You spew hatred in the name of justice. Please move out of Baltimore. Better yet - go to Russia. They cover up police crimes as well. And take Dershowitz with you. Take it from this Constitutional Law professor - your analysis is rancid!

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  25. Excellent article, Ms Croyder. I am wondering if, at the very least, the two innocent officers who were arrested would have a case for Malicious Prosecution, were they determined to have been falsely arrested and charged by Mosby? And, would/could malicious prosecution also apply to the other officers if it is determined or decided Mosby acted incorrectly, maliciously, inappropriately and/or unlawfully by her expedited actions or abuse of power?

    My comment to 'unheardUnseen' is this: Instead of complaining in the media, what are you doing to change your environment? Are you going into your schools, along with uniformed police officers and speaking with the children? Are you teaching the children right from wrong? Are you teaching them not to listen to rap lyrics or any other source of 'information' condemning the police, promoting the drug / thug culture and glorifying the murder of police officers? Are you speaking with them about the number of black on black deaths, which are far greater than officer involved incidents? Are you working with the police to help them help you to change society's impression of black people? Are you teaching them to respect authority, respect adults, respect themselves, respect their community, respect their friends? Are you teaching them not to run from the police, not to steal or loot, not to drive without a license, not to shoot heroin or smoke dope, not to do any of the other criminal acts that promotes the negative stereo-typical impression and observation by police and the law abiding citizen, whatever that officer or citizens race is?

    Are you teaching them about the works of Martin Luther King and not the Al Sharpton's and Jesse Jackson's of the black community? Are you providing and promoting positive black role models for your children to look up to and try to emulate, rather than criminal sports players and gang bangers? Are you teaching them about the Luther Burbank's and George Washington Carver's of their culture?

    'unseenUnheard', just what ARE you doing to make your children proud, respectful, contributing, law abiding citizens who don't have to fear the police? The only way gain respect from anyone - including the police - is to give respect. You demand respect from the police? Then respect them! Show them, PROVE to them, you are worthy of that respect! In time, and yes it will take time, but in time, your positive actions will have a profound impact on how society views you.

    My grandfather's philosophy, which was also mine during my 21 years in law enforcement -and is still mine to this day- is 'never belittle anyone, not even the garbage man, for one day you may work for him'.

    How many children in your community would make excellent police officers, were they given the proper environment to consider that a viable option? And of those children, how many would improve the relationship between officer and citizen?

    If you want positive change, then provide a positive environment for your children to excel in. If you want to prepetuate the same old stero-typical view that others have of the black community, maintain the current business as usual environment as it now appears.

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  26. Ms. Croyder,

    I remember being taught in law school that law was not a search for truth but a search for process. Your superb analysis here truly brought that point home.

    My only question is why did the Baltimore Sun removed your point regarding how the prosecutor ignored the categorical imperative in bringing criminal charges based on incorrect determinations of probable cause. Perhaps the Sun believes that State Attorney Mosby would be immune from criminal liability arising from the principles she adopted in haste because of an implied "appeasement of mobs" exception within HER new and improved "justice system"?

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    1. I submitted a shorter version to the Sun, and expanded it here. They are not at fault. Sorry for the confusion

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  27. The one action Blacks could take right now that would have an immdiate and positive impact on their situation, stop voting for Democrats.

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  28. As a former prosecutor in Baltimore County for 22 years and a police officer for 8 years, I was truly saddened by what Mosby has done. She has now dealt a blow to race relations in city and country. I would call on the Maryland Bar Association to consider a disbarment proceeding for prosecutorial misconduct in the most egregious violation of professional ethics I have even seen. Every attorney...every person should bow their head in shame. Shame on you Ms. Mosby for advancing your own political agenda to the detriment of our profession and the liberty of six Baltimore City police officers.

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  29. I feel so sorry for the loved ones of Freddie Gray. The death of any young man is a tragedy and I send them my condolences.

    However, destroying the lives and careers of 6 Baltimore police officers who may well be innocent of any wrongdoing will not result in justice for anybody. I thank you, Ms. Croyder, for having the courage to write this article. Mob rule is not justice.

    Politics has no role in our justice system or it shouldn't. I pray that the truth is uncovered and real justice is done, whatever that is.

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  30. excuse me faire witness, the cops may be innocent of wrongdoing is Freddy gray not dead and by whose hand? also as for courage to write the article it took anything but courage this article was written out of hate envy and downright jealousy of a young intelligent wise and very competent Mrs Mosby.

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  31. Ms. Croyder, you must have a crystal ball. Your predictions from a year ago are spot on!

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