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Request for protective order in Freddie Gray case denied

The state's request to ban the release of evidence in the #FreddieGray case before trial has been rejected.

A judge has denied the request of State's Attorney Marilyn J. Mosby to keep attorneys in the Freddie Case from publicizing evidence before the trial.

Mosby, who is prosecuting six police officers in Gray's death, wanted a court hearing to argue for a protective order that would bar the release of any evidence — or, if the officers' attorneys agreed, to post all of it online.

Mosby said she was concerned that the defense attorneys would leak only evidence that supported their clients' defense, jeopardizing the ability to conduct a fair trial.

Gray, 25, died in April after sustaining a severe spinal cord injury while in police custody.

In a ruling issued Monday, Judge Barry G. Williams rejected Mosby's request without a hearing. He wrote that the state "does not suggest there is anything in discovery that warrants restricting disclosure."

"The Court notes that discovery was turned over on June 26, 2015, and as of this date, the court is not aware of the dissemination of any discovery information by Defendants," Williams wrote. "The only discovery item that has become public as of this date has been information from the autopsy report, and at the time of the alleged disclosure, the report had not been turned over to Defendants."

Williams concluded that "there simply is no basis in the assertions presented to the court for the broad and extraordinary relief sought in the motion."

The six officers involved in Gray's arrest and transport have been charged with crimes ranging from misconduct in office to second-degree murder. The officers have pleaded not guilty; their trial is scheduled for October.

Their lawyers declined to comment on the ruling Monday. Mosby's office did not immediately respond to a request for comment.

A separate motion by Mosby's office for a gag order on trial participants was struck because of a procedural misstep. It was filed in Circuit Court on May 14, a week before the officers were indicted, and the case was transferred there from District Court.

cmcampbell@baltsun.com

twitter.com/cmcampbell6

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