Failed prosecutions leave uncertain future for Marilyn J. Mosby

The failed prosecution of the six Baltimore police officers involved in the April 2015 arrest of Freddie Gray leaves a question mark at the end of one of the boldest and most controversial moves of Baltimore State’s Attorney Marilyn J. Mosby’s young career.

Mosby, then 35, drew national attention weeks after Gray’s death in police custody when she bypassed a grand jury and charged the six officers with counts that included misconduct in office, false imprisonment and second-degree murder.

Community activists praised her courage and willingness to take action in a case that had sparked riots and protests in Baltimore, while police advocates and many legal experts accused her of grandstanding and rushing to judgment.

Meanwhile, her husband, Nick Mosby, a member of the all-Democratic Baltimore City Council, launched a run for mayor after incumbent Stephanie Rawlings-Blake said she would step down when her term ended to focus on helping the city heal.

The councilman failed to gain traction in a crowded Democratic field and dropped out two weeks before the April 2016 primary.

The trials of the police officers began this spring. One after another ended without a conviction. After the fourth trial resulted in an acquittal, Maryland Gov. Larry Hogan (Rep.), declared that additional prosecutions would be a waste of time and money.

George Washington University law professor John Banzhaf III filed an ethics complaint against Mosby, saying her office had violated the officers’ constitutional rights by not turning over exculpatory evidence and had failed to follow professional conduct rules that prohibit criminal prosecutions unless the prosecutor has probable cause.

In an op-ed published in the Baltimore Sun, Harvard law professor Ronald S. Sullivan dismissed Banzhaf’s criticism as “wholly unfounded.”

Tessa Hill-Aston, president of the Baltimore branch of the NAACP, on Wednesday said she supported Mosby’s decision to drop the remaining charges.

“She did what she had to do,” Hill-Aston said. “She didn’t get the results she wanted. But the bottom line is that change has been brought about.”

BRYAN WOOLSTON/REUTERS Attorney Marilyn J. Mosby was praised by community activists after she prosecuted the six officers involved in Freddie Gray’s arrest.