July 01–Attorneys for six police officers charged in connection with arrest and death of Freddie Gray said if prosecutors are worried about media attention about the case, perhaps State’s Attorney Marilyn Mosby shouldn’t have appeared in Vogue and Cosmopolitan.
The lawyers wrote in response to prosecutors’ request for a protective order, which would require both sides to keep the evidence of the case to themselves. The defense attorneys argued that no one would be harmed by parts of the evidence becoming public and imposing restrictions would be an attack on the First Amendment.
“Issuance of a protective order is not necessary to preserve the integrity of the adversarial trial system,” the attorneys wrote. “Rather, refraining from appearing in glossy magazines before the discovery process has begun may help abate the degree of media attention.”
Vogue profiled Mosby who gained national attention after filing charges against the six officers. The same day, an interview with her appeared in Cosmopolitan. She did not disclose new details about the case in either piece.
Gray, 25, was fatally injured while riding in a police van after his arrest on April 12. The driver of the van is charged with second degree murder, three other officers are accused of manslaughter and two officers face lesser charges. They have all pleaded not guilty.
The new filing is the latest in a string of court papers filed in the case, which have included calls for Mosby and her office to be recused from the case because of conflicts of interest, for the charges to be dropped due to alleged misconduct by prosecutors and for the case to be moved out of Baltimore.
The evidence in the case was turned over to the defense on Friday and includes thousands of pages of documents and is a total of 52 gigabytes of digital files.
The defense attorneys wrote that they wouldn’t necessarily share the evidence wholesale, but see no reason they should be required to file court papers that make reference to it under seal.
“Defense counsel acknowledges the obligation of both defense counsel as well as the prosecution to respect our judicial system,” the attorneys wrote.
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