quote:

Originally posted by sdy:
http://www.baltimoresun.com/ne...-20160729-story.html

Baltimore Fraternal Order of Police Lodge No. 3 had to almost double their dues to pay the legal fees.

Although the attorneys were working at reduced rates for the officers, the union said, the bills piled up.

The union spent $800,000 on legal fees in 2015, the vast majority of that sum on the Gray case. That represented a 200 percent increase over the previous year, documents show. Officials also saw "no end in sight" for the mounting costs, they said in a letter explaining the situation to members.

Union officials provided no estimate of their legal expenses so far this year.

As is often the case in criminal cases against police officers across the country, he said, the defense of the Baltimore officers largely fell to the local union.

"To their credit, the local FOP up there reached deep, deep, deep into their pockets to cover the phenomenally expensive defense of six officers," Hosko said.

Other outside groups were raising money for the six officers charged, including by selling T-shirts, but Ryan said those funds were used to financially support the officers personally — not the union. The money helped to financially support the four who were not being paid as they awaited trial. The officers charged with felonies were suspended without pay.

The legal fees fell to the union alone, Ryan said. And as the costs mounted, the situation grew more dire.

the FOP's board of directors met in January to discuss their options. At that meeting, the group voted to increase member dues from 1.5 percent of a starting officer's salary to 2.75 percent.

To help sell the idea to the union's members, who would have to approve the change through their own vote, Ryan and Treasurer John Nolan wrote a letter to them.

"To put it very bluntly, the cost to defend our members against the aggressive prosecution that appears to be the current norm, is more than our budget can [bear] despite the fact that all attorneys involved are working at highly reduced rates," they wrote. "Couple this with the fact that each day brings the possibility of similar unwarranted legal prosecution against any of our members and the financial outlook of Lodge #3 is very dim."

In the letter, Ryan and Nolan wrote that they had wrestled with the decision to request an increase, but ultimately determined it was the only course of action available, given "the current climate of hostility projected toward law enforcement."

In response, union members — largely rank-and-file officers — responded with unanimous approval of the rate increase , a move Ryan described as a show of solidarity among police officers.

Wonder if the union could prove malicious prosecution?

quote:

Originally posted by Black92LX:


Insurance may not be the proper term that I am looking for. But a set legal defense coverage of some sort.
Our FOP is far smaller that Baltimore so that may play a factor. We have two attorneys that are paid a flat monthly fee and handle our work. I asked specifically what the limit was in legal defense and I was told there is no ceiling we are covered until everything is handled.
I guess I will pose the question about due increases if we were to be hit with something like this, though I don't see our DA pulling a political stunt like this.

It sounds like a retainer arrangement. It is probably reviewed periodically so it tracks the workload.

Something like what happened in Baltimore really eats up the billable hours, likely much more staff time as well. How many times are 6 officers faced with serious multiple felony counts all at once? It basically became a full time job for a bunch of people for months. You can't skimp on this stuff.

http://www.foxnews.com/us/2016...eddie-gray-case.html


Law professor goes after Maryland prosecutor for Freddie Gray case
Perry Chiaramonte
By Perry Chiaramonte Published August 01, 2016 FoxNews.com
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Baltimore State's Attorney Marilyn Mosby could face the same fallout from the Freddie Gray case as prosecutor Michael Nifong did after the Duke lacrosse case in 2006.
Baltimore State's Attorney Marilyn Mosby could face the same fallout from the Freddie Gray case as prosecutor Michael Nifong did after the Duke lacrosse case in 2006. (L- Reuters, R- AP)
A law professor with a history of taking prosecutors to task has set his sights on the Baltimore state’s attorney, who failed in her bid to put six cops in prison in connection with the racially-charged death of Freddie Gray.

George Washington University law professor John Banzhaf has filed complaints against Marilyn Mosby with the Attorney Grievance Commission of Maryland. He alleges Mosby and two deputies committed ethics violations, used “fraudulent or misleading tactics," withheld evidence from the defense and brought charges without probable cause against the Baltimore police officers involved in the April 12, 2015 arrest of Gray, who died of injuries suffered inside a police van.

“My concern is that this will encourage other prosecutors from other large cities to do the same,” Banzhaf told FoxNews.com. “The line she [Mosby] is giving her supporters is that the case was a success and that she has been victimized in just bringing them up on charges. “I think her supporters, which she depends on to be re-elected, support what she did.”

Mosby announced last week all charges against the police officers would be dropped. The bombshell announcement came after three were found not guilty and another’s case declared a mistrial.

In the complaint, Banzhaf alleges that Mosby violated state rules of professional conduct for attorneys. He also alleged that Mosby violated rules of conduct with public statements about the case.

Related Image

banzhafExpand / Contract
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. 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.
In addition to being a law professor, Banzhaf is an activist and watchdog when it comes to the actions of those who work in the court of law and public service. During his career, he has filed complaints against Geraldine Ferraro, Barney Frank and former Maryland Gov. Spiro Agnew, who went on to be Richard Nixon’s vice president.

He also threatened to file a complaint against former North Carolina prosecutor Mike Nifong, who was disbarred after his conduct in handling the 2006 Duke lacrosse case, in which three members of the school’s men’s lacrosse team were falsely accused of rape. The charges were eventually dropped by Nifong just days after Banzhaf publicly said that he was considering bring forth a lawsuit against the prosecutor for violating the civil rights of the students. The case sparked a national discussion on due process and led to Nifong’s resignation and subsequent disbarment.

Banzhaf says that he sees similarities between Nifong’s conduct and Mosby’s, and that her career may see the same fate.

“Both of them violated rights of the defendants by not providing exculpatory evidence [to the defense],” he said. “Second, both continued cases long after it was determined who may win.”

The law professor says that in some respects, Mosby’s handling of the Freddie Gray trial may have been the more egregious.

“When Nifong first brought forth the case it was solid, and as time went on, it was not,” he said. “With Mosby, the moment she filed the case, it was known that it couldn’t be brought forward.”

Now that a complaint has been filed, an investigation into the claims will be launched by the state and charges could go forward in 90 days unless it’s determined that the allegations are frivolous. The fallout from the dropped charges in the Freddie Gray case has already sent shockwaves through the State’s Attorney’s office.


Veteran prosecutor Lisa Phelps, who was assigned to try two of the cases against the police officers and had objected to their continued prosecution, resigned from her post on Monday according to the Baltimore Sun.

"Her refusal to continue with a doomed-to-failure criminal case was apparently the straw that forced Baltimore State's Attorney Marilyn Mosby to finally drop all of the remaining Freddie Gray cop cases," said Banzhaf, "and her reluctance to continue may have been caused by my threat to seek her disbarment if she did."

Mosby did not immediately return calls for comment.

Banzhaf said the State Attorney’s motivations may have been greater than just pursuing justice.

“When Nifong filed his case, it was widely suspected that he brought it forth for political purposes,” he said. “In Mosby’s case she virtually said so.”

from above,

Veteran prosecutor Lisa Phelps
"Her refusal to continue with a doomed-to-failure criminal case was apparently the straw that forced Baltimore State's Attorney Marilyn Mosby to finally drop all of the remaining Freddie Gray cop cases,"

I was wondering about that too. Phelps was questioning whether they should proceed. At the same time Phelps was made the lead prosecutor in the case against Miller last week.

That would have been a very public disaster as Judge Williams and Phelps would have had some awesome court room exchanges. Mosby may have had to decide to either drop charges or replace Phelps.

***********

Mosby unchained:

http://www.baltimoresun.com/ne...-20160731-story.html

Mosby went on to say that prosecutors' lack of a say in whether a defendant in Maryland can elect a bench trial — it is solely the defendant's choice — impeded justice in the Gray case.

She said she would consider pushing legislation in Annapolis to change the rules.

quote:

Mosby went on to say that prosecutors' lack of a say in whether a defendant in Maryland can elect a bench trial — it is solely the defendant's choice — impeded justice in the Gray case. She said she would consider pushing legislation in Annapolis to change the rules.

Her definition of justice strains the limits of credulity.

She hopes to appease the mob, so they will hoist her high on a throne of broken laws.

quote:

Originally posted by domcintosh:

quote:

Mosby went on to say that prosecutors' lack of a say in whether a defendant in Maryland can elect a bench trial — it is solely the defendant's choice — impeded justice in the Gray case. She said she would consider pushing legislation in Annapolis to change the rules.

Her definition of justice strains the limits of credulity.

She hopes to appease the mob, so they will hoist her high on a throne of broken laws.

She meant to stack the jury so that they'd convict a ham sandwich.

quote:

Originally posted by domcintosh:
She hopes to appease the mob, so they will hoist her high on a throne of broken laws.

I really don't think she did this to appease the mob. I believe she did this because she thinks the mob is right.

I've been following this thread from the beginning and I have come to the conclusion that Mosby is either:

1) A political opportunist that attempted to use the case to further her career.
2) An idealist that would put her ideology above the law.

She's probably both, but regardless, she is obviously morally and ethically corupt.

Ken

She may be an opportunist but if Trump looses I can see her in a very high position at DOJ or as an Asst AG.

quote:

Originally posted by 6guns:
http://www.foxnews.com/us/2016...eddie-gray-case.html


Law professor goes after Maryland prosecutor for Freddie Gray case

I have a question for the legal eagles here.

Maybe it's different for complaints, but I thought that for someone to bring an action they had to have standing to do so. Does this professor have standing? I also ask because the article mentioned that the professor was considering filing a lawsuit in the Nifong case.

quote:

Originally posted by DanH:

quote:

Originally posted by domcintosh:
She hopes to appease the mob, so they will hoist her high on a throne of broken laws.

I really don't think she did this to appease the mob. I believe she did this because she thinks the mob is right.

I think she did this in hopes the mob would propel her to a higher office with more power.

quote:

Originally posted by henryarnaud:

quote:

Originally posted by 6guns:
http://www.foxnews.com/us/2016...eddie-gray-case.html


Law professor goes after Maryland prosecutor for Freddie Gray case

I have a question for the legal eagles here.

Maybe it's different for complaints, but I thought that for someone to bring an action they had to have standing to do so. Does this professor have standing? I also ask because the article mentioned that the professor was considering filing a lawsuit in the Nifong case.

He filed complaints with the Attorney Grievance Commission of Maryland. That is not the same as filing a complaint in court directly against Mosby, for which you correctly suggest he would have to have "standing".

I am not a Maryland attorney, so I am not familiar with their standards of conduct complaint issues, but usually, anyone can file a complaint against an attorney if they believe that the conduct of the Attorney brings disrepute to the profession. Effectively, he has filed an ethics complaint with the attorney regulator requesting that they investigate her conduct, not filed a case directly against her.

quote:

I have a question for the legal eagles here.

Maybe it's different for complaints, but I thought that for someone to bring an action they had to have standing to do so. Does this professor have standing? I also ask because the article mentioned that the professor was considering filing a lawsuit in the Nifong case.

This is a complaint with the governing body that she has violated ethics rules. In most states (maybe all) any person can file such a complaint. There is no "standing" requirement as there would be for a lawsuit.

Sorry, Artie answered as I was typing. He is correct.

now that the discussions at the bench have been released, a few interesting things revealed.

http://www.baltimoresun.com/ne...-20160804-story.html

defense attorneys were prohibited from showing a video in which a cadet demonstrated that Gray could have unbelted his seat belt even if it had been fastened.

Judge Williams did not think this mattered. but so many of the charges were based on the seat belt issue

Mosby entered the courtroom each day with three bodyguards, in addition to the existing courtroom sheriff's deputies.

During Porter's trial, Williams fumed when the cell phone of a member of State's Attorney Marilyn Mosby's executive protection detail went off. Spectators had been repeatedly admonished about having phones on, and were threatened that they would be confiscated.

"Do you understand that if it was anyone else right now, they would be out of my courtroom, and they would be forced to stay out of my courtroom?" Williams said to prosecutors.

"If she feels the need to have security in my courtroom, and I'm not really sure why, her security needs to be in the back of the courtroom," Williams said.

At another point, defense attorneys moved for a mistrial after observing Mosby speaking with a witness, one of Gray's friends Brandon Ross, in the hallway while he was still on the stand. Mosby was nearly asked to approach the bench to discuss what was said, until Williams — believing that would be a spectacle for jurors — opted to call Ross and ask him his version. He said Mosby had only given him encouraging words.

Prosecutors said they would talk to Mosby about speaking to witnesses, with Williams joking that they proceed carefully "for employment purposes."

quote:

Originally posted by sdy:
now that the discussions at the bench have been released, a few interesting things revealed.

http://www.baltimoresun.com/ne...-20160804-story.html

defense attorneys were prohibited from showing a video in which a cadet demonstrated that Gray could have unbelted his seat belt even if it had been fastened.

Judge Williams did not think this mattered. but so many of the charges were based on the seat belt issue

Mosby entered the courtroom each day with three bodyguards, in addition to the existing courtroom sheriff's deputies.

During Porter's trial, Williams fumed when the cell phone of a member of State's Attorney Marilyn Mosby's executive protection detail went off. Spectators had been repeatedly admonished about having phones on, and were threatened that they would be confiscated.

"Do you understand that if it was anyone else right now, they would be out of my courtroom, and they would be forced to stay out of my courtroom?" Williams said to prosecutors.

"If she feels the need to have security in my courtroom, and I'm not really sure why, her security needs to be in the back of the courtroom," Williams said.

At another point, defense attorneys moved for a mistrial after observing Mosby speaking with a witness, one of Gray's friends Brandon Ross, in the hallway while he was still on the stand. Mosby was nearly asked to approach the bench to discuss what was said, until Williams — believing that would be a spectacle for jurors — opted to call Ross and ask him his version. He said Mosby had only given him encouraging words.

Prosecutors said they would talk to Mosby about speaking to witnesses, with Williams joking that they proceed carefully "for employment purposes."

The woman hasn't even a modicum of professionalism. does she? Wow.

quote:

The woman hasn't even a modicum of professionalism.

Is a modicum more or less than an iota?

quote:

Is a modicum more or less than an iota?

As long as we a parsing this, I would like to add; "smidgen".
So if we compare "one iota", "a modicum", and to quote our worthless POTUS; not even "a smidgen" how can we grade the amounts.

second prosecutor under Mosby quits

http://www.baltimoresun.com/ne...-20160805-story.html

The departure of Sarah David follows that of veteran Assistant State's Attorney Lisa Phelps, who quit last week, two days after State's Attorney Marilyn J. Mosby dropped the three pending cases. Sources close to Phelps said she had objected weeks earlier to trying the case of Officer Garrett Miller, which was to have begun July 27.

David confirmed that she had resigned from the office and said she will be joining the office of state Sen. Bobby Zirkin, a Democrat from Baltimore County, as his chief of staff.

David, who joined the office in 2014 and was a prosecutor in the misdemeanor unit, declined to address her reasons for leaving but said they were the same as those reported as the circumstances behind Phelps' departure.

Neither Phelps nor David appeared at Mosby's news conference and were not mentioned in her news conference July 27. Chief Deputy State's Attorney Michael Schatzow, who tried the first four cases, also played down any friction last week.

"Everybody has moments where they question the witness, they question the legal theory, question something else. For us to start talking about work product conversations — it's not how we run this office," Schatzow said about reports of Phelps' opposition to the Miller case.

Zirkin, David's new boss and chairman of the Maryland Senate's Judicial Proceedings Committee, has criticized Mosby's comments on the right to bench trials. Zirkin told The Baltimore Sun last week that the idea of giving prosecutors a say in bench trials was "moronic" and had "0.0 chance" of advancing in the legislature.

Phelps and David were chosen in May to prosecute Miller as well as Officer William Porter.


****************

and

The three separate defamation cases against Baltimore State’s Attorney Marilyn Mosby by five of the six officers she charged in the death of Freddie Gray have now been consolidated in federal court.

In each of the cases, the officers allege false information was used to press bogus charges causing them financial and emotional distress through the last 14 months.

"My clients as well as the four other officers were really put through hell. This was an incredibly difficult ordeal and they intend to proceed and I intend to pursue this matter and get them the compensation that they deserve," said attorney Michael Glass.

Glass represents Officer William Porter and Sgt. Alicia White.

http://www.abc2news.com/news/r...awsuits-consolidated

I thought this story was over but more crap keeps coming out. Mosby set the bail for the officers very high. Their families stepped up to pay for the 10% bail bonds to keep the officers out of jail.

Mosby recommended bail of $350,000 for the four officers charged with felonies and $250,000 for the two facing misdemeanors.

The bail debt was particularly devastating for the four officers facing felonies, whose pay was suspended for more than a year while they awaited trial

Sgt White put down $7,000 the day the charges were filed and agreed to pay a bail bondsman 70 monthly installments of $400 thereafter

After bail was set at $350,000 for Officer Caesar Goodson Jr., the driver of the police van in which Gray sustained fatal spinal cord injuries, a family member made a $6,500 down payment and agreed to pay off the remaining $28,500 in 100 weekly installments of $285.

A family member of Lt. Brian Rice, whose bail also was set at $350,000, put down $3,500 and agreed to pay 63 monthly installments of $500.

A family member of Officer Edward Nero, who faced a $250,000 bail, put $2,500 down and agreed to $500 monthly payments.

Officer Garrett Miller's wife put down $2,500 and agreed to $500 monthly payments to pay off the 10 percent bail bondsman fee on his $250,000 bail.

The mother of Officer William Porter, whose bail was set at $350,000, put down $500, agreeing to pay 69 monthly installments of $500 to pay down the $34,500 balance.

While the local police union paid hundreds of thousands of dollars to cover the officers' legal fees — nearly doubling its members' dues to cover the costs and avoid insolvency in the process — it did not cover any portion of their bail.

"We do not post bail," said Lt. Gene Ryan, president of the Fraternal Order of Police Lodge #3. "We never have, and we don't want to go down that path."

Marc Zayon, an attorney for Nero, said Mosby's office recommended an unreasonably high bail for his client. A misdemeanor second-degree assault charge for an act of omission — like not securing Gray in a seat belt — would normally call for a $10,000 bail, he said.

Zayon, a former prosecutor, said Mosby secured the high bail amount in part by making unsubstantiated claims to the court commissioner that Nero helped cause the rioting that followed Gray's funeral.

According to the state's bail recommendation for Nero, which attorneys for the other officers said mirrored those filed against their clients, Mosby's office wrote, "Because of the defendant's actions, not only did a young man lose his life, but the social contract that holds our community together was destroyed, helping to cause Baltimore to descend into chaos and violence.

"The facts of this case demonstrate the defendant's utter lack of regard for the safety and well-being of others, causing the State to strongly believe that the defendant is a danger to the community," Mosby's office wrote.

Zayon called the claim "irresponsible and offensive,"

http://www.baltimoresun.com/ne...-20160805-story.html


*****************

I didn't think it was possible to despise Mosby any more than I did before. I was wrong.