Lawsuits filed by Baltimore police officers against Baltimore State Attorney Marilyn Mosby must be dismissed, according to the law. The United States Supreme Court ruled that prosecutors acting within the scope of their duties in pursuing criminal prosecution are immune from civil suits.
The role of a prosecutor in a criminal case is to seek justice and represent the People of a given jurisdiction against a person charged with committing a criminal offense. This is exactly what Marilyn Mosby did when the officers involved in Freddie Gray’s death, which the medical examiner ruled a homicide, were indicted by a grand jury.
In criminal cases, particularly felonies, facts are presented to a grand jury to determine if there is probable cause to proceed with criminal charges. If the grand jury feels that there is enough probable cause to proceed, they return an indictment. In the case against the officers, a grand jury felt that there was sufficient evidence to prosecute in the death of Freddie Gray. At that time, the case goes through a process leading up to trial.
During a trial, the prosecutor has the burden of proving that the defendant is, in fact, guilty beyond a reasonable doubt. The first officer tried for the death of Freddie Gray was William Porter. Porter was tried in front of a jury and at the end, the jury could not return a verdict. There were some jurors who felt that Porter was guilty and some who felt that he was not guilty.
This fact was overshadowed when the remaining officers elected to have their case heard by Judge Barry Williams, who determined that they were not guilty. Based upon proof presented at the jury trial, some jurors felt that William Porter was guilty, which indicates that Mosby did the right thing in pursing and prosecuting the officers based upon probable cause. One must remember that there are different standards of proof in proceeding with a case versus finding a person guilty.
A single person, in this case the judge who presided over the bench trial, cannot be the determining factor when deciding if a prosecutor abused her power. Mrs. Mosby followed the laws and rules of criminal procedure, she did nothing wrong. We cannot allow people to begin filing civil suits against prosecutors because a defendant is found not guilty. There are men and women found not guilty in trials all the time and it has always been maintained that absent some showing of blatant misconduct, the prosecutor is immune from such civil suits and bar complaints…this case is no different.
If we begin to allow people to bring such suits against prosecutors, then everyone who is ultimately found not guilty or later exonerated after a criminal conviction must be allowed to bring civil suits or bar complaints against the prosecutors in their cases. Under the logic of the officers who seek to sue Mrs. Mosby or have her disbarred, O.J. Simpson, Casey Anthony, and Michael Jackson should have been able to sue and seek disbarment of the prosecutors who pursued their cases.
Mosby’s office did what a prosecutor’s office is supposed to do – there was an investigation followed by a presentation to the grand jury, which returned an indictment, and the case was put before a trier of fact. What America has become used to are prosecutors becoming the trier of fact. We saw this in Cleveland, with Timothy McGinty, and Chicago, with Anita Alvarez.
Prosecutors have never been the trier of fact under the rules of criminal procedure. Their role is to present evidence to the people charged with determining what’s true or not and if the facts fit the elements of the crime charged. When a prosecutor follows the role placed upon them by the criminal justice system, they cannot be subjected to disbarment or civil suits…especially in the absence of gross misconduct, which was not present here.
Mosby should be commended for taking the difficult road and pursing charges against the officers involved in the night Freddie Gray died. It is time for Baltimore police and its union to move forward and work with Mosby in the pursuit of law and order to keep the citizens of Baltimore safe.
Benjamin L. Crump, former president of the National Bar Association, is the attorney for the families of Trayvon Martin and Michael Brown and represents victims of former Oklahoma City police officer Daniel Holtzclaw, who was convicted of rape charges for preying on African-American women in his capacity as a police officer.
PHOTO CREDIT: Getty
64 Black Men And Boys Killed By Police
1. De'Von Bailey, 191 of 64
2. Eric Logan, 542 of 64
3. Jamarion Robinson, 263 of 64
4. Gregory Hill Jr., 304 of 64
5. JaQuavion Slaton, 205 of 64
6. Ryan Twyman, 246 of 64
7. Brandon Webber, 207 of 64
8. Jimmy Atchison, 218 of 64
9. Willie McCoy, 209 of 64
10. Emantic "EJ" Fitzgerald Bradford Jr., 2110 of 64
11. D’ettrick Griffin, 1811 of 64
12. Jemel Roberson, 26Source:false 12 of 64
13. DeAndre Ballard, 23Source:false 13 of 64
14. Botham Shem Jean, 26Source:false 14 of 64
15. Robert Lawrence White, 41Source:false 15 of 64
16. Anthony Lamar Smith, 24Source:Getty 16 of 64
17. Ramarley Graham, 18Source:Getty 17 of 64
18. Manuel Loggins Jr., 31Source:Getty 18 of 64
19. Trayvon Martin, 17Source:Getty 19 of 64
20. Wendell Allen, 20Source:Getty 20 of 64
21. Kendrec McDade, 19Source:Getty 21 of 64
22. Larry Jackson Jr., 32Source:Getty 22 of 64
23. Jonathan Ferrell, 24Source:Getty 23 of 64
24. Jordan Baker, 26Source:Getty 24 of 64
25. Victor White lll, 22Source:Getty 25 of 64
26. Dontre Hamilton, 31Source:Getty 26 of 64
27. Eric Garner, 43Source:Getty 27 of 64
28. John Crawford lll, 22Source:Getty 28 of 64
29. Michael Brown, 18Source:Getty 29 of 64
30. Ezell Ford, 25Source:Getty 30 of 64
31. Dante Parker, 36Source:Getty 31 of 64
32. Kajieme Powell, 25Source:Getty 32 of 64
33. Laquan McDonald, 17Source:Getty 33 of 64
34. Akai Gurley, 28Source:Getty 34 of 64
35. Tamir Rice, 12Source:Getty 35 of 64
36. Rumain Brisbon, 34Source:Getty 36 of 64
37. Jerame Reid, 36Source:Getty 37 of 64
38. Charly Keunang, 43Source:Getty 38 of 64
39. Tony Robinson, 19Source:Getty 39 of 64
40. Walter Scott, 50Source:Getty 40 of 64
41. Freddie Gray, 25Source:Getty 41 of 64
42. Brendon Glenn, 29Source:Getty 42 of 64
43. Samuel DuBose, 43Source:Getty 43 of 64
44. Christian Taylor, 19Source:Getty 44 of 64
45. Jamar Clark, 24Source:Getty 45 of 64
46. Mario Woods, 26Source:Getty 46 of 64
47. Quintonio LeGrier, 19Source:Getty 47 of 64
48. Gregory Gunn, 58Source:Getty 48 of 64
49. Akiel Denkins, 24Source:Getty 49 of 64
50. Alton Sterling, 37Source:Getty 50 of 64
51. Philando Castile, 32Source:Getty 51 of 64
52. Terrence Sterling, 31Source:Getty 52 of 64
53. Terence Crutcher, 40Source:Getty 53 of 64
54. Keith Lamont Scott, 43Source:Getty 54 of 64
55. Alfred Olango, 38Source:Getty 55 of 64
56. Jordan Edwards, 15Source:Getty 56 of 64
57. Stephon Clark, 22Source:false 57 of 64
58. Danny Ray Thomas, 34Source:false 58 of 64
59. DeJuan Guillory, 27Source:false 59 of 64
60. Patrick Harmon, 5060 of 64
61. Jonathan Hart, 2161 of 64
62. Maurice Granton, 2462 of 64
63. Julius Johnson, 2363 of 64
Court Must Dismiss Police Lawsuits Against Marilyn Mosby was originally published on newsone.com