Why Freddie Gray Case Could Make or Break Marilyn Mosby
It was a swift, stunning move no other lead prosecutor in America had done during months' worth of headlines about police violence against black men.
Many lauded Baltimore state's attorney Marilyn Mosby when she announced charges against six officers just days into the investigation into 25-year-old Freddie Gray, who died of injuries sustained in the back of a police van. But others criticized her as acting too hastily and overreaching in the charges.
"It was clearly a rush. Keep in mind, the police got their investigation in on a Thursday, and she announces the next morning that she's decided to file these charges," said Warren Brown, a Baltimore criminal defense attorney who has observed the officers' trials.
Two officers have already been tried without guilty verdicts: William Porter, whose trial ended in a mistrial in December, and Edward Nero, who was acquitted in April.
And the Goodson trial, an uphill battle that would be the first conviction of its kind in at least a decade, is "clearly a stretch" according to Harvard University professor and prominent civil liberties attorney Alan Dershowitz.
"She did it without any real basis in either the facts or the law," Dershowitz told NBC News. "Obviously what happened in that van was not intended by anybody. Nobody set out to kill this man. They may have done things they shouldn't haven't done, but she rushed to judgment."
Initially, Mosby had charged three of the officers with false imprisonment in what she said was an illegal arrest, a "crazy theory that just makes no sense at all," Dershowitz said.
Those were later changed to more serious charges, including second-degree murder and involuntary murder.
"The charges just didn't fit the facts," he said. "She indicted them and only afterwards did she do the work to come up with, after the fact, rationalizations."
A spokeswoman said Mosby wouldn't comment, citing a gag order against anything related to the Gray case. But the legal experts said her campaign platform may have colored her view on the officers.
"She rode that wave of dissatisfaction, of not charging police officers, into office," Brown, the Baltimore attorney, told NBC News. "All of a sudden, Freddie Gray comes along. She has to for political reasons charge the officers."
She filed charges because she "wanted to be the hero," Dershowitz said.
"No prosecutor is ever punished for being too tough. They're always punished for being too lenient."
But being too tough could cost her a conviction, especially in Goodson's case.
"I think her hope was if you charge for murder, maybe they'll plead for manslaughter," Dershowitz said. "But the risk there will be an acquittal."