Judge Refuses Marilyn Mosby's Motion for Gag Order in Freddie Gray Case

Baltimore State’s Attorney Marilyn Mosby’s request for  a protective order blocking the release of Freddie Gray‘s autopsy report and other “sensitive” documents was struck down by the judge presiding over the case Tuesday.

Mosby told the Baltimore Sun last week that prosecutors “have a duty to ensure a fair and impartial process for all parties involved” and “will not be baited into litigating this case through the media.”

But an attorney for one of the officers said her request suggested that “there is something in that autopsy report that they are trying to hide.”

“Mrs. Mosby is the one who did an announcement discussing what she said the evidence was in a nationally televised speech,” said Ivan Bates, who represents Sgt. Alicia White. “Now that it is time to turn over the evidence, to ask for a protective order is beyond disingenuous.

“It’s as if she wants to do everything to make sure our clients do not get a fair trial.”

Today, the Baltimore Sun reports, the judge struck Mosby’s motion for a gag order in the case.

Judge Charles J. Peters ruled the motion lacked standing in an actual proceeding, as it was filed by Baltimore State’s Attorney Marilyn Mosby’s office in Circuit Court on May 14. At that time, the officers’ cases were still in District Court. They weren’t transferred to Circuit Court until May 21, when the officers were indicted.

Rochelle Ritchie, a Mosby spokeswoman, declined to say whether the state planned to file a new gag order motion, which Peters’ ruling did not preclude.

“We’re not going to litigate this case in the media and discuss our trial strategy,” Ritchie said.

The Baltimore Sun and nineteen other media outlets had  filed a motion opposing the gag order.

Nathan Siegel, an attorney representing the Sun and other media outlets, said that although Mosby’s office could still file a new gag order motion, Peters’ decision “is good for the transparency of this case, at least for now.”