Thursday, May 28, 2015

Baltimore State's Attorney, Marilyn Mosby makes a mockery of the Code of Judicial Responsibility.

By Rob Janicki
Baltimore is one messed up city.  First, the mayor, Stephanie Rawlings-Blake,verbally incited rioters to let off steam by destroying property in Baltimore and then promptly denied ever saying such, which was caught on video and played repeatedly.

Now we have the Baltimore State's Attorney, Marilyn Mosby, doubling down on stupid.  Mosby became highly suspect when she rushed to judgment by charging six Baltimore Police Officers in the death of Freddie Gray, all within 24 hours of having received the case.  By all accounts of notable legal scholars and top attorneys, Mosby substantially overcharged the officers in Gray's death.  The fact that Mosby is the youngest Baltimore State's Attorney with virtually no experience in high profile cases is no defense for her actions.

Now we find Mosby most probably violating the Judicial Code of Conduct and Professional Responsibility.

From the American Bar Association:  Rule 3.8: Special Responsibilities of a Prosecutor

(f) except for statements that are necessary to inform the public of the nature and extent of the prosecutor's action and that serve a legitimate law enforcement purpose, refrain from making extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused and exercise reasonable care to prevent investigators, law enforcement personnel, employees or other persons assisting or associated with the prosecutor in a criminal case from making an extrajudicial statement that the prosecutor would be prohibited from making under Rule 3.6 or this Rule.

It would appear that Ms. Mosby has violated this rule six ways to Sunday, since she has made public pronouncements that go beyond mere informational notices.

It is the role of a prosecutor to make certain that justice is obtained for the defendants in the form of a fair trial.  Ms. Mosby has publicly aligned herself with the rioters of Baltimore.  Where is the fair and impartial justice for the defendants?

Mosby could easily be brought up on charges of misconduct before the Maryland State Bar for violating the rules of professionally conduct.  The result could range from a public rebuke to disbarment or just about anything in between.  I fully expect to see the case against these six police officers being moved outside of Baltimore in a change in venue with a definite possibility of Ms. Mosby being replaced as the state's prosecutor.  She is in over her head and has already destroyed any credibility she may have had going into the case as an officer of the court.  The primary purpose of an officer of the court is to see that a fair trial ensues, regardless of the outcome.  Mosby has already failed this responsibility.

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