Marilyn Mosby Still Scheming

by JASmius



But this time, at least, she's making some effort to be more subtle about it:

Baltimore State's Attorney Marilyn Mosby is making an unusual – and some say nervy – request to either block defense lawyers from leaking evidence in the Freddie Gray case or work out a deal to post it all online.

In the Circuit Court filing, prosecutors said they'd rather see the data, including an autopsy report – all of which has to be given to defense lawyers by June 26th – dumped online all at once than have it selectively leaked, the Baltimore Sun reports.

"Indeed, if the defendants were to consent and the court would so order, the State would have no objection to posting the entire autopsy report on the Internet, along with all of the discovery in the case," the prosecutors wrote.

"Defendants, however, want to have it both ways. They want the freedom to publicize selected aspects of the discovery, while requiring the State to follow the law that prevents comments in order to ensure a fair trial."

That's nervy, alright.  Even brazen.  It's like poker, in a way.  Whereas before, Mrs. Mosby was refusing to deal the cards, now, after the presiding judge ordered her to deal, and she dealt herself a six-high of four different suits, she is bluffing like nobody has ever bluffed before.  She's pushing all her chips to the middle of the table.  She's "raising" to the ionosphere.

And she must be doing it for public consumption, because defense counsels are "calling":

"The same rules don't apply to both teams, and there's a reason for that. The State has a higher ethical obligation," defense lawyer and former Baltimore prosecutor Kurt Nachtman told the Sun.

"The State has more power over swaying the general public than defense attorneys do. When the general public hears a defense attorney talk, they just think, 'Oh he's just advocating for his client.' The State has the power and the authority to protect the fight for justice."

St. Mary's College political scientist Todd Eberly told the newspaper he agreed, adding:

"There are limits on the prosecution, and there are limits because it's funded by a government that theoretically has unlimited resources."

"And there are very few [limits] placed on the defense because we operate under the assumption of innocence," he said. [emphases added]

In short, it's supposed to be more difficult for the state to make its case in order to maximize the likelihood that when a defendant is found guilty, he or she really is guilty, and correspondingly minimize the chances of an innocent person going to jail....or worse.

Marilyn Mosby is trying to goad the defense in the Freddie Gray/Baltimore Six case into balancing those scales, and in so doing, ironically, tip the scales of justice itself.  Which ought to be all we need to know about how weak her case, given its ludicrous overcharging, really is.  That and the fact that she continues to conduct it through the media instead of the legal process, bobbing and weaving and ducking and dodging all the way.  Clearly she wants that gimmick all to herself.

Makes me wonder what she's going to do with all those "Ready for Mosby! U.S. Senate" yard signs.