Judge orders Mosby to respond to defense motions in Freddie Gray case by June 26

June 26 is the newest deadline in the Freddie Gray case

Baltimore State's Attorney Marilyn J. Mosby has until June 26 to respond to three defense motions in the trial of six officers in the arrest and death of Freddie Gray, a judge ordered this week.

Attorneys for the six Baltimore officers have filed a motion asking that Mosby be removed from the case. The also asked that the case be moved from Baltimore and for it to be dismissed because of "prosecutorial misconduct."

The defense attorneys have argued Mosby has multiple conflicts of interest; one of them, they contend, is that her husband, City Councilman Nick Mosby, represents the area of West Baltimore where Gray was arrested.

Gray, 25, died April 19 after suffering a spinal cord injury while in police custody. His death touched off protests and unrest in the city, culminating in rioting, arson and looting.

The defense attorneys also have said Mosby improperly politicized the case through her initial news conference announcing the charges, and that their clients will not be able to receive a fair trial in Baltimore, in part because of that.

Mosby has dismissed the allegations of conflict of interest and said she will not step away from the case. In a previous filing in the case, Deputy State's Attorney Michael Schatzow called the defense attorneys' arguments for Mosby's removal "illogical, unsupported, frivolous, and unprecedented."

The three defense motions were filed May 27. Under normal rules of the court, Mosby would have until June 11 to respond. But earlier this week, Mosby's office requested an extension until July 10.

The officers' attorneys opposed an extension.

Officer Caesar R. Goodson Jr. has been charged with second-degree murder, and Sgt. Alicia D. White, Lt. Brian W. Rice and Officer William G. Porter have been charged with manslaughter.

Officers Edward M. Nero and Garrett E. Miller face lesser charges, including second-degree assault.

On Thursday, Circuit Judge Charles J. Peters filed a one-page order, saying he had considered Mosby's motion for an extension and the response from the defense attorneys.

His ruling essentially split the difference between the initial June 11 deadline and Mosby's request of July 10.

On Friday, Mosby's office said it is "prepared to honor the court order."

Also Friday, the defense attorneys filed a motion reiterating their opposition to the gag order Mosby requested to prevent those involved in the case from speaking about it publicly.

In the motion, the attorneys repeated earlier arguments that Mosby's public comments on the case have been prejudicial, saying "obtaining jurors untainted by the emotion generated in this case is now impossible" and asking for a change in venue.

The attorneys also said the officers "acknowledge the important role of a free press in our society," and join in the opposition to the gag order filed with the court by 19 media outlets, including The Baltimore Sun.

krector@baltsun.com

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