Additional prosecutors in Freddie Gray case
An activist law professor calling for Baltimore State's Attorney
Marilyn J. Mosby to be disbarred over her prosecution of six Baltimore
police officers in the arrest and death of Freddie Gray has now taken
aim at the two deputy state's attorneys who have argued the cases in
court.
John F. Banzhaf III, a public interest law professor at
George Washington University known for filing lawsuits in high-profile
court cases, said he filed two new complaints with the Maryland Attorney
Grievance Commission on Tuesday, calling for the disbarment of Chief
Deputy State's Attorney Michael Schatzow and Deputy State's Attorney Janice Bledsoe. He filed a similar complaint last month calling on the commission to disbar Mosby.
Banzhaf said the new complaints are based in part on Circuit Judge
Barry G. Williams' acquittal Monday of a third officer, Lt. Brian Rice,
of all charges in the case. Banzhaf also noted that Williams previously
acquitted two other officers in the case, Edward Nero and Caesar Goodson
Jr.
A fourth officer, William Porter, had a mistrial in December.
Porter is set to be retried in September, and two other officers,
Officer Garrett Miller and Sgt. Alicia White, are to be tried later this
month and in October, respectively. All have pleaded not guilty.
Gray, 25, suffered severe spinal cord injuries in the
back of a police transport van in April 2015 and died a week later. His
death sparked widespread peaceful protests against police brutality in
Baltimore, and his funeral was followed by rioting, looting and arson.
Mosby filed charges against the six officers in May 2015.
Mosby's
office has said it is barred from commenting on complaints with the
Attorney Grievance Commission because of a gag order imposed in the Gray
case by Williams.
"The State's Attorney will continue to respect
the judge's orders as our office has consistently done throughout these
trials," the office said after Banzhaf's complaint against Mosby last
month.
Banzhaf alleges that Mosby knew the charges against the
officers were not supported by probable cause when she filed them, and
should have reassessed her prosecution of the officers after each of
Williams' rulings in the case. Banzhaf also points out multiple
discovery violations in the officers' trials, in which prosecutors
failed to turn over evidence in a timely manner.
In his complaint
against Schatzow, Banzhaf argues Mosby's involvement in overseeing the
cases "cannot and does not excuse [Schatzow's] conduct since each and
every attorney is bound by the same rules of conduct."
He said an
argument from Schatzow that he was "just following orders" from Mosby
would provide "no defense in a disbarment proceeding."
In his
complaint against Bledsoe, Banzhaf argues that as "a very high ranking
official, and as one of the two prosecutors primarily responsible for
presenting these several cases in court, [Bledsoe] has not only the
ethical duty, but also the power, to object and at the very least refuse
to participate."
The Attorney Grievance Commission does not comment on pending complaints.
In
his rulings in the Gray cases, Williams has repeatedly found
prosecutors presented little or no evidence to support the charges
alleged. But he has allowed each of the trials to date to proceed,
suggesting prosecutors had met the minimal burden of proof needed to
have their cases heard in court.

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