Freddie Gray Case: Detailed Analysis of Motion to Recuse Prosecutor. An in-depth look at the defense motion.

 Motion for Recusal details Mosby’s many incontrovertible conflicts of interest

Legal Insurrection

 

. . . "Yesterday, one week to the day after the charges were brought, the defense lawyers collectively filed a motion to dismiss these charges and/or force the recusal of Mosby and her entire office from the case. We addressed the motion as a news item briefly last night, Freddie Gray case: Defense files motion to remove prosecutor.

"Now we dig deeper into the motion." . . .

 . . . "Needless to say, it is not the role of a local prosecutor to represent the interests of “demonstrators across America,” to accede to cries of “no justice no peace” from a rioting and looting mob, nor to lead a social “cause.” . . .
"Indeed, the motion to recuse notes that under Maryland statute, Rule 3.8, Special Responsibilities of a Prosecutor, it is mandated that the prosecutor shall:

refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.

"Further, Rule 3.6 mandates that:

[a] lawyer who is participating or has participated in the investigation or litigation of a matter shall not make an extrajudicial statement that the lawyer knows or reasonably should know will be disseminated by means of public communications and will have a substantial likelihood of materially prejudicing an adjudication proceeding in the matter.

 Other reasons for recusal to consider:

•  Mosby’s Public Reading of Charges, and her “Message” to the World

• Mosby’s Many Conflicts of Interest, Summarized

• Mosby’s Statement of Charges Jurisdictionally Sloppy

• Mosby’s Chief Prosecutor In Personal Relationship With Leading News Reporter

• Gray Family Lawyer is Also Mosby’s Lawyer, Financial Supporter

• Mosby’s Husband Represents District of Gray’s Arrested and Peak Rioting

• Mosby’s Assumption of Role of Investigator/Prosecutor Demands Recusal

• Mosby’s Prospective Loss of Immunity Creates Further Risk of Bias

. . . "Nothing about the prosecution of these six officers has screamed of exceptional intelligence and sound decision-making, but I suppose there’s always hope.
"As promised, here’s the motion for recusal in its entirety (exhibits included):

Motion for Dismissal or Recusal of Mosby