News & Politics

Attorneys for Baltimore Police Officers Say Marilyn Mosby Should Be Disbarred

Baltimore State's Attorney Marilyn Mosby (AP Photo/Steve Ruark)

On Wednesday night, Fox News’ Megyn Kelly interviewed the attorneys for three of the officers who are suing Baltimore State’s Attorney Marilyn Mosby.

Marc Zayon (attorney for Officer Ed Nero), Mike Belsky (attorney for Officer Brian Rice), and Catherine Flynn (attorney for officer Garrett Miller) sat stony-faced before Kelly as they recounted the miscarriage of justice that prompted their lawsuit against Mosby and Maj. Samuel Cogen of the Baltimore City Sheriff’s Office, alleging false arrest, false imprisonment, defamation, and other assertions. The attorneys contend that Mosby’s office never did an investigation and never had a case.  They say their clients were put through a devastating and horrific ordeal on zero evidence and that they did nothing wrong.

“There’s a push to have her disbarred. Do you believe she ought to be?” Kelly asked the group.

“I certainly think that it’s appropriate for the Attorney Grievance committee to respond to the complaint that has been filed and investigate this,” Flynn answered.

She agreed with Kelly that Mosby’s actions had been “that bad.”

“From the very beginning of the prosecution of this case, we’ve been concerned about the motivation behind the prosecutor’s actions and whether or not there was ever probable cause to proceed. As you know, they relied on a grand jury indictment where they claimed that they properly presented evidence and a probable cause was found. We actually made a request to have that entire proceeding recorded — which was denied — because we had concerns from the very beginning about what information the prosecutor’s office was actually going to present to the grand jury.”

Marc Zayon said that Mosby’s office did basically no investigation prior to her decision to charge the officers.

“The Baltimore City Police Department did a phenomenal investigation,” Zayon said. “Their investigation showed that there was no wrongdoing done.”

Zayon contrasted that with Mosby’s initial speech at the war memorial where she claimed that her office had conducted an “extensive, in-depth investigation” in conjunction with the sheriff’s department in Baltimore City.  None of that seemed to have happened, he said. “There was no indication or evidence of any investigation at all.”

“Really?!” Megyn exclaimed. “You mean that was bull?

“It was a farce,” said Zayon.

“So what did she indict these cops based on?” Kelly asked.

Zayon couldn’t really answer that question. “Well — she wanted to indict them,” he began. “She indicted them on no evidence. There was no evidence. I think she was hopeful that evidence would develop, but as the case went on, not only did no evidence develop, there was negative evidence — exculpatory evidence — that came out.”

Mosby had alleged that the knife that Freddie Gray was carrying was legal, so there was no reason for the officers to arrest him, but as Kelly pointed out, it was soon determined that the knife was in fact illegal.

“So that’s a problem,” Mike Besky chimed in. “It’s a problem when any law enforcement officer — be it a prosecutor or a police officer — arrests and charges people without probable cause.” He added that “that’s what the prosecutor did to our clients.”

Besky continued, “They were charged with crimes they did not commit, crimes that we believe were lacking probable cause, so who will be held accountable for that? Imagine that. You spend your life as a law enforcement officer devoted to your community, devoted to helping people, devoted to the criminal justice system — and you have to watch the criminal justice system turn its back on you.”

Flynn said that it was clear that Mosby was speaking to “a certain segment of the community” and that she was  “politicizing this opportunity instead of doing her job.”

She said the prosecutor’s efforts were “veiled in secrecy” but it was clear that they had “never had a case to begin with.”

Besky said that their lives went from being private citizens working for the community, to having their mugshots splashed all over the news every night. “It was a devastating and horrific thing to be put through,” he concluded.