TexasCHLforum.com

rbwhatever1 wrote:This is going to be very interesting. I hope the outcome lands her in the unemployment line...

philip964 wrote:So can requesting enhanced enforcement be consider part of this crime. Would she be an accessory?

I don't think so, but it DOES explain why the police might have been more aggressive in pursuing their suspect than otherwise. I gather than "enhanced presence" means they were loaded for bear..........at the prosecutor's request. The issue is that Mosby may be called as a defense witness by defense counsel, to explain that this more aggressive "leaning forward" police presence was at HER request, and NOT because these cops are criminally inclined. If she is called as a defense witness - and I don't see why she couldn't be (you lawyers, help me out here) - then she has a conflict of interest where she is trying to prosecute the person on whose behalf she is appearing as a witness. No judge is going to allow that, so my take is that there would be only one of two choices the judge could make: 1) to tell Mosby to recuse herself from the prosecution and appear as a witness for the defense; or 2) to deny the defendants the right to question a witness before the court for testimony that may be exculpatory. I don't see a judge denying a defendant the right to call a material witness. doing that.......but maybe I'm naive.

Mosby has made a fatal mistake in her strategy........ in addition to be dumb enough to file her motions to issue gag orders in the wrong court...... and she's either going to have to drop the charges, or testify on behalf of the defendants.

http://www.americanthinker.com/blog/201 ... urtem.html

June 10, 2015
Baltimore state's attorney Marilyn Mosby filed gag order motion in wrong court
By Thomas Lifson

Marilyn Mosby is well on her way to laughingstock status. Perhaps “Mosbying” will join “Harfing” in the Urban Dictionary soon. Chuck Ross of the Daily Caller reports:

Baltimore city state’s attorney Marilyn Mosby’s motion for a gag order in the Freddie Gray case was denied Monday because the prosecutor filed paperwork in the wrong court.

Mosby’s May 14 motion, filed in Baltimore’s circuit court, was intended to block witnesses, attorneys and police from speaking publicly about the Gray case. Six officers have been indicted on a total of 28 felony charges related to Gray’s April 12 arrest. The 25-year-old Gray died April 19. His death was ruled a homicide.

Judge Charles Peters slapped down Mosby’s motion, citing jurisdictional issues,The Baltimore Sun reported. The cases for the six officers were still on the district court’s docket when the motion was filed. The cases were only moved to the circuit court on May 21, after a grand jury indicted the officers.

Newly uncovered emails have revealed that Mosby had requested "an enhanced" law enforcement presence at the intersection where police first tried to apprehend Gray, 3 weeks before Gray's arrest, because it was known to be a high crime intersection with a lot of drug dealing going on. It may be that the police were, in their "enhanced" role, actually acting well within their authority when they apprehended Gray, and it is beginning to look like Mosby may be called as a witness for the defense as a result of her own incompetence. Furthermore, she can't be a prosecutor and a defense witness in the same case, and I can't imagine that the judge would allow her to sidestep testimony if called, so........