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George Washington University law professor John Banzhaf has filed complaints against Baltimore City’s State’s Attorney Marilyn Mosby and two deputy state attorneys involved in the well-publicized Freddie Gray case.
The GW Hatchet reports that Banzhaf cites ethics violations, “fraudulent or misleading tactics,” not providing evidence to the defense, and “charg[ing] the officers without probable cause” as the reasons for the complaints.
Banzhaf said it’s “his duty to file complaints like this and do work to tackle major social issues.”
What made you decide to file the complaint?
John Banzhaf:This case reminded me very much of a situation that I ran into in 2006 with another runaway prosecutor named Mike Nifong who brought charges of rape against three Duke University students. When he originally brought the case I thought it was very weak and dubious but as the trial went on it continued to get weaker and for whatever reason he refused to drop it. I immediately saw a parallel between that and what was happening up in Baltimore.
Then as Mosby’s case continued on, her case became weaker to the point where the judge outright rejected virtually all of her legal theories. When I read the judge’s decision on the second trial, it was clear to me that she didn’t have a case going forward, and I filed the complaint.
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How are these violations related to the protests surrounding Freddie Gray’s death?
JB: Mosby was quoted saying “I hear your call for ‘no justice, no peace’ and your peace is needed as I work to deliver justice on behalf of this young man,” which to me sounds like she is saying, “Yes I am reacting to the violence and protests,” which could have led to her behavior. But preventing mobs from rioting, that is not the job of a prosecutor or a judge. It would be ethically wrong.
Many people in Baltimore are expecting what Mosby called “justice” and yet in this trial, every time a cop is charged but there is no conviction, I think there is tremendous disappointment. I think that keeping these trials going is just going to further enflame the situation in Baltimore and it’s creating great tensions in the city.
Banzhaf adds that he hopes Mosby is disciplined by Baltimore’s Bar Committee “because prosecutors are held to a higher standard” and “hold more power than a regular attorney.”
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