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
52 Black Men And Boys Killed By Police
1. Emantic "EJ" Fitzgerald Bradford Jr., 211 of 52
2. Jemel Roberson, 26Source:false 2 of 52
3. DeAndre Ballard, 23Source:false 3 of 52
4. Botham Shem Jean, 26Source:false 4 of 52
5. Antwon Rose Jr., 17Source:false 5 of 52
6. Robert Lawrence White, 41Source:false 6 of 52
7. Anthony Lamar Smith, 24Source:Getty 7 of 52
8. Ramarley Graham, 18Source:Getty 8 of 52
9. Manuel Loggins Jr., 31Source:Getty 9 of 52
10. Trayvon Martin, 17Source:Getty 10 of 52
11. Wendell Allen, 20Source:Getty 11 of 52
12. Kendrec McDade, 19Source:Getty 12 of 52
13. Larry Jackson Jr., 32Source:Getty 13 of 52
14. Jonathan Ferrell, 24Source:Getty 14 of 52
15. Jordan Baker, 26Source:Getty 15 of 52
16. Victor White lll, 22Source:Getty 16 of 52
17. Dontre Hamilton, 31Source:Getty 17 of 52
18. Eric Garner, 43Source:Getty 18 of 52
19. John Crawford lll, 22Source:Getty 19 of 52
20. Michael Brown, 18Source:Getty 20 of 52
21. Ezell Ford, 25Source:Getty 21 of 52
22. Dante Parker, 36Source:Getty 22 of 52
23. Kajieme Powell, 25Source:Getty 23 of 52
24. Laquan McDonald, 17Source:Getty 24 of 52
25. Akai Gurley, 28Source:Getty 25 of 52
26. Tamir Rice, 12Source:Getty 26 of 52
27. Rumain Brisbon, 34Source:Getty 27 of 52
28. Jerame Reid, 36Source:Getty 28 of 52
29. Charly Keunang, 43Source:Getty 29 of 52
30. Tony Robinson, 19Source:Getty 30 of 52
31. Walter Scott, 50Source:Getty 31 of 52
32. Freddie Gray, 25Source:Getty 32 of 52
33. Brendon Glenn, 29Source:Getty 33 of 52
34. Samuel DuBose, 43Source:Getty 34 of 52
35. Christian Taylor, 19Source:Getty 35 of 52
36. Jamar Clark, 24Source:Getty 36 of 52
37. Mario Woods, 26Source:Getty 37 of 52
38. Quintonio LeGrier, 19Source:Getty 38 of 52
39. Gregory Gunn, 58Source:Getty 39 of 52
40. Akiel Denkins, 24Source:Getty 40 of 52
41. Alton Sterling, 37Source:Getty 41 of 52
42. Philando Castile, 32Source:Getty 42 of 52
43. Terrence Sterling, 31Source:Getty 43 of 52
44. Terence Crutcher, 40Source:Getty 44 of 52
45. Keith Lamont Scott, 43Source:Getty 45 of 52
46. Alfred Olango, 38Source:Getty 46 of 52
47. Jordan Edwards, 15Source:Getty 47 of 52
48. Stephon Clark, 22Source:false 48 of 52
49. Danny Ray Thomas, 34Source:false 49 of 52
50. DeJuan Guillory, 27Source:false 50 of 52
51. Patrick Harmon, 5051 of 52
52. Jonathan Hart, 2152 of 52
Court Must Dismiss Police Lawsuits Against Marilyn Mosby was originally published on newsone.com