National

Baltimore’s Prosecutor Faces Big Test 4 Months Into Job

Published

11 years ago

May 1, 2015

In this Feb, 6, 2015 photo, States Attorney Marilyn Mosby speaks at a news conference, in Baltimore. Baltimores chief prosecutor is 35 years old, has been on the job for less than four months, and is about to take on the biggest challenge of her career weighing the evidence against six police officers in the death of Freddie Gray and deciding whether they deserve to be criminally charged. (Kim Hairston/The Baltimore Sun via AP)

Ben Nuckols and Amanda Lee Myers, ASSOCIATED PRESS

BALTIMORE (AP) — Baltimore’s chief prosecutor, just 35 years old and on the job for less than four months, is facing the biggest challenge of her career: deciding whether evidence supports criminal charges against police officers in the death of Freddie Gray.

State’s Attorney Marilyn Mosby ousted an established white opponent by promising to hold police accountable. She accused him of being too cozy with officers and too out of touch with the citizens of Baltimore. Mosby and her husband, a Baltimore city councilman, are black and live just blocks from the poverty-stricken community where riots broke out Monday following Gray’s funeral.

But even her supporters say Mosby’s close ties to the community won’t save her from criticism.

“She better be ready. It’s going to be baptism by fire,” said J. Wyndal Gordon, a longtime defense attorney in Baltimore who has litigated against officers in excessive-force cases. “How she will handle this will define her administration and the future of that office.”

Six officers have been suspended with pay while Mosby decides what to do. Police gave her their internal report Thursday, but her office is conducting its own investigation. She has not announced a timetable for her decision. The state medical examiner’s office said Friday that it had given her office the autopsy report and that it will not release it publicly while the case is under investigation.

Mosby grew up in Boston and met her husband, Councilman Nick Mosby, while they were students at Tuskegee University in Alabama. After clerking at U.S. Attorney’s offices in Boston and Washington, she joined the Baltimore State’s Attorney’s Office in 2005 and moved up the ranks before leaving to work for an insurance company. She defeated incumbent Gregg Bernstein, who outraised her three-to-one, in last June’s Democratic primary, and faced only write-in opposition in the general election.

Her official biography declares that “she is the youngest chief prosecutor of any major city in America.”

“I think it’s very unique that a chief prosecutor who — as young as she is, who lives in a community that has a high amount of violence — that’s very unique and she’s probably the only one in the entire country,” Nick Mosby said. “She’s from the inner city, she lives in the inner city, she knows the inner city.”

Mosby has three legal options: charge the officers, decline to charge them or seek a grand jury indictment.

Practically speaking, she is almost certain to seek an indictment, said Andrew Levy, a Baltimore defense attorney and an adjunct professor at the University of Maryland School of Law.

Charging the officers without going to a grand jury would require Mosby’s office to persuade a judge that there is probable cause that a crime was committed, a procedural step prosecutors often avoid in high-profile cases. Declining to charge the officers could be seen as a betrayal by the protesters who have flooded city streets since Gray’s death.

Mosby could present a grand jury with a menu of potential charges including assault, involuntary or voluntary manslaughter, or even murder. Juries in Baltimore criminal trials tend to be distrustful of police officers, an attitude that could work in Mosby’s favor if she decides the officers committed crimes.

“The conventional wisdom would be that a Baltimore city grand jury would not be reluctant to indict a police officer,” Levy said.

Some of her critics say her campaign pledges and political success could compromise justice in the Gray case.

Warren Brown, a veteran Baltimore defense attorney who supported Mosby’s opponent, said the prosecutor’s decision would be inextricably linked to her and her husband’s political aspirations. He said Mosby is being pressured to indict the officers on murder or voluntary manslaughter charges in Gray’s death, which he doesn’t think the evidence supports.

“She is a politician; her husband is a politician. This is a watershed event,” Brown said. “There’s a lot of collateral damage if she does not indict. For her and her husband, they would be drummed out of office. There’s no way they could survive in the city, let alone ask people to vote for them at a later date. She’s going to find a way.”

Brown and Ivan Bates, a former prosecutor and a current defense attorney in Baltimore, both expressed concerns about Mosby’s ties to the attorney representing Gray’s family, Billy Murphy.

Murphy was among Mosby’s biggest campaign contributors last year, donating the maximum individual amount allowed, $4,000, in June. He was also on Mosby’s transition team after the election, and Bates described him as a mentor to her.

“I think she has too much pressure to not indict, from the pressure of her husband’s constituents, of her mentor Billy Murphy, and of the pressure of making sure she wants to hold on to her job in four years,” Bates said. “She’s going to feel the need to indict.”

Mosby’s office did not respond to interview requests. In a statement Thursday, she said her office was still investigating and pleaded with the public for patience.

When she was elected in November, Mosby told The Daily Record newspaper she was excited for the opportunity “to change what has happened in the community.”

“I’m living out my dream to reform the criminal justice system,” said Mosby, whose parents and grandfather were all police officers.

Mayor Stephanie Rawlings-Blake expressed confidence in Mosby on Thursday, while also welcoming a separate investigation by the U.S. Justice Department, now led by Attorney General Loretta Lynch.

“If, with the nation watching, three black women at three different levels can’t get justice and healing for this community, you tell me where we’re going to get it in our country,” the mayor said.

Mosby’s record in high-profile cases has been mixed thus far.

In January, the morning after she was sworn into office, she announced manslaughter charges against an Episcopal bishop in the hit-and-run death of a cyclist. The bishop, Heather Cook, had not even been arrested when Mosby told a packed news conference that Cook had been drunkenly text-messaging at the time of the crash.

Mosby failed, however, to obtain a third trial for a man accused in the slaying of a teenage honor student from North Carolina. Defense attorneys said the re-indictment violated Constitutional protections against double jeopardy, and a judge threw it out. Her office is pursuing an appeal.

Mosby was also criticized for firing several veteran prosecutors, some of them in the middle of trials. But she drew praise from lawyers for her leadership team.

Clergy protesting at her office Wednesday afternoon said they have faith in the prosecutor, but they are demanding swift justice and transparency.

“I support Marilyn Mosby. But now we have to step up and do what we ran on,” said the Rev. Delman Coates, a liberal activist who ran last year for Maryland lieutenant governor. “It’s about substance, not symbolism. It’s not about campaign slogans. It’s about delivering for the people.”

___

Follow Ben Nuckols on Twitter at https://twitter.com/APBenNuckols.

Follow Amanda Lee Myers on Twitter at https://twitter.com/AmandaLeeAP.
Copyright 2015 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

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COMMENTARY: The National Protest Must Be Accompanied with Our Votes

Just as Trump is gathering election data like having the FBI take all the election data in Georgia from the 2020 election, so must we organize in preparation for the coming primary season to have the right people on ballots in each Republican district, so that we can regain control of the House of Representatives and by doing so, restore the separation of powers and balance that our democracy is being deprived of.

Published

4 days ago

February 10, 2026

Oakland Post

Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper. File photo..

By Dr. John E. Warren, Publisher San Diego Voice & Viewpoint Newspaper

As thousands of Americans march every week in cities across this great nation, it must be remembered that the protest without the vote is of no concern to Donald Trump and his administration.

In every city, there is a personal connection to the U.S. Congress. In too many cases, the member of Congress representing the people of that city and the congressional district in which it sits, is a Republican. It is the Republicans who are giving silent support to the destructive actions of those persons like the U.S. Attorney General, the Director of Homeland Security, and the National Intelligence Director, who are carrying out the revenge campaign of the President rather than upholding the oath of office each of them took “to Defend The Constitution of the United States.”

In California, the primary comes in June 2026. The congressional races must be a priority just as much as the local election of people has been so important in keeping ICE from acquiring facilities to build more prisons around the country.

“We the People” are winning this battle, even though it might not look like it. Each of us must get involved now, right where we are.

In this Black History month, it is important to remember that all we have accomplished in this nation has been “in spite of” and not “because of.” Frederick Douglas said, “Power concedes nothing without a struggle.”

Today, the struggle is to maintain our very institutions and history. Our strength in this struggle rests in our “collectiveness.” Our newspapers and journalists are at the greatest risk. We must not personally add to the attack by ignoring those who have been our very foundation, our Black press.

Are you spending your dollars this Black History Month with those who salute and honor contributions by supporting those who tell our stories? Remember that silence is the same as consent and support for the opposition. Where do you stand and where will your dollars go?

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Activism

Congresswoman Simon Votes Against Department of Homeland Security, ICE Funding

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

Published

4 days ago

February 10, 2026

Oakland Post

Congresswoman Lateefah Simon (D-CA-12). File photo.

By Post Staff

Congresswoman Lateefah Simon (D-CA-12) released a statement after voting against legislation to fund the Department of Homeland Security (DHS), which supports Immigration and Customs Enforcement (ICE) and U.S. Customs and Border Protection (CPB).

“Today, I voted NO on legislation to fund the Department of Homeland Security through Feb. 13, 2026.

“ICE and CBP do not need more funding to terrorize communities or kill more people,” she said in the media release.

“They need accountability. Republicans already gave these agencies an unprecedented $170 billion for immigration enforcement, funding they have used to conduct raids at schools, separate families, and deploy a masked paramilitary who refuse to identify themselves on American streets. This bill gives them more funding without a single reform to stop unconstitutional, immoral abuses,” she said.

“The American people are demanding change. Poll after poll of Americans’ opinions show overwhelming support for requiring ICE agents to wear body cameras and prohibiting them from hiding their faces during enforcement actions. This is the bare minimum transparency standard, and this funding legislation does not even meet this low bar,” Simon said.

“Republicans in Congress are not serious about reining in these lawless agencies. Their refusal to make meaningful changes to the DHS funding bill has consequences that go beyond immigration enforcement. TSA agents who keep our airports safe and FEMA workers who help our communities recover from disasters are stuck in limbo due to Republican inaction.

“The Constitution does not have an exception for immigrants. Every person on American soil has rights, and federal agencies must respect them. The East Bay has made clear at the Alameda County and city level that we will hold the line against a violent ICE force and support our immigrant communities – I will continue to hold the line and our values with my votes in Congress.”

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Post Newspaper Invites NNPA to Join Nationwide Probate Reform Initiative

The Post’s Probate Reform Group meets the first Thursday of every month via Zoom and invites the public to attend. The Post is making the initiative national and will submit information from its monthly meeting to the NNPA to educate, advocate, and inform its readers.

Published

4 days ago

February 10, 2026

Oakland Post

iStock.

By Tanya Dennis

The National Newspaper Publishers Association (NNPA) represents the Black press with over 200 newspapers nationwide.

Last night the Post announced that it is actively recruiting the Black press to inform the public that there is a probate “five-alarm fire” occurring in Black communities and invited every Black newspaper starting from the Birmingham Times in Alabama to the Milwaukee Times Weekly in Wisconsin, to join the Post in our “Year of Action” for probate reform.

Reporter Tanya Dennis says, “The adage that ‘When America catches a cold, Black folks catch the flu” is too true in practice; that’s why we’re engaging the Black Press to not only warn, but educate the Black community regarding the criminal actions we see in probate court: Thousands are losing generational wealth to strangers. It’s a travesty that happens daily.”

Venus Gist, a co-host of the reform group, states, “ Unfortunately, people are their own worst enemy when it comes to speaking with loved ones regarding their demise. It’s an uncomfortable subject that most avoid, but they do so at their peril. The courts rely on dissention between family members, so I encourage not only a will and trust [be created] but also videotape the reading of your documents so you can show you’re of sound mind.”

In better times, drafting a will was enough; then a trust was an added requirement to ‘iron-clad’ documents and to assure easy transference of wealth.

No longer.

As the courts became underfunded in the last 20 years, predatory behavior emerged to the extent that criminality is now occurring at alarming rates with no oversight, with courts isolating the conserved, and, I’ve heard, many times killing conservatees for profit. Plundering the assets of estates until beneficiaries are penniless is also common.”

Post Newspaper Publisher Paul Cobb says, “The simple solution is to avoid probate at all costs. If beneficiaries can’t agree, hire a private mediator and attorney to work things out. The moment you walk into court, you are vulnerable to the whims of the court. Your will and trust mean nothing.”

Zakiya Jendayi, a co-host of the Probate Reform Group and a victim herself, says, “In my case, the will and trust were clear that I am the beneficiary of the estate, but the opposing attorney said I used undue influence to make myself beneficiary. He said that without proof, and the judge upheld the attorney’s baseless assertion. In court, the will and trust is easily discounted.”

The Black press reaches out to 47 million Black Americans with one voice. The power of the press has never been so important as it is now in this national movement to save Black generational wealth from predatory attorneys, guardians and judges.

The next probate reform meeting is on March 5, from 7 – 9 p.m. PST. Zoom Details:
Meeting ID: 825 0367 1750
Passcode: 475480

All are welcome.