The Corner

Law & the Courts

Freddie Gray Prosecutor Faces Civil Charges after Conducting an ‘Independent Investigation’

Marilyn Mosby, the Baltimore state attorney at the center of the Freddie Gray fiasco, will face civil charges. After the criminal case against the police officers fell apart, five of the six officers filed a lawsuit against Mosby and Assistant Sheriff Samuel Cogen for various infringements of their rights, and a federal judge is allowing their claims of defamation, malicious prosecution, and invasion of privacy to move forward.

Refusing her claim of prosecutorial immunity, the judge reasoned that “Plaintiffs’ malicious prosecution claims relate to her actions when functioning as an investigator and not as a prosecutor.”

The Baltimore Sun noted how Mosby’s decision to launch her own independent investigation had already helped her prosecution of the officers fail, since prosecutors “had to turn over documents that would normally be protected from the evidence discovery process.” It’s safe to say that the risk of conducting her own investigation has not yielded a reward.

This is an unusual trial for a state attorney to be facing, but Mosby’s aggressive and seemingly political tactics — such as her appearance onstage at a Prince concert honoring Gray’s death — give reason for suspicion about her actions and motives.

The criticisms of Mosby’s handling of the case are too numerous to recount, but many who followed the events in Baltimore alleged that Mosby’s actions constituted extreme or even gross negligence. Former deputy state’s attorney Page Croyder wrote in the Baltimore Sun that Mosby’s decision to charge the officers a mere two weeks after the incident “reflects either incompetence or an unethical recklessness.” A George Washington University law professor also filed a complaint that she violated conduct rules. Even Democratic Baltimore mayor Stephanie Rawlings-Blake accused Mosby of rushing to charge the officers for political reasons.

This latest case is the beginning of yet another chapter in the court drama that started when Mosby used Gray’s death to enter the limelight. But now she will be the one defending her actions during that dark hour for the city of Baltimore.

Paul Crookston — Paul Crookston is a Collegiate Network fellow at National Review and a graduate of Gordon College, at which he studied history and communication. At Gordon he was managing editor of ...

Most Popular


Nordic Welfare States Worsen the Gender Gap

Following International Women's Day 2018, a host of policies have been promoted as ways to advance women's careers. CNBC, for example, has run a story arguing that policies such as parental leave for both parents can raise women’s incomes. In the Huffington Post we can read that adopting the welfare policies of ... Read More

UNC Caves to the ‘Buy Local’ Silliness

One of the silly notions loose in America is that there is some virtue in buying local -- preferring sellers simply because they're located in "your area" (city, county, state, country) over those located elsewhere. In other words, geographical discrimination is, supposedly, good. Governments and governmental ... Read More

Running With Trump

Jeff Roe, who managed Senator Ted Cruz’s presidential campaign in 2016, has a message for Republican congressional candidates: Don’t run from Trump this year. Instead they should “[f]ix bayonets and charge the hill.” What exactly does this mean? It’s not that they should “support the president’s ... Read More
Politics & Policy

‘We Will Reduce Abortion’

Conor Lamb’s success has revived interest in “I’m personally opposed, but.” It’s a rhetorical convention — a cliché, really — that many Catholic Democrats have resorted to ever since Mario Cuomo popularized it with his speech at Notre Dame in 1984, as Alexandra DeSanctis explained a few days ... Read More