Watch: Explosive Newly Surfaced Footage Of Baltimore Prosecutor Could Sink Her
Attorneys representing the six Baltimore cops charged in the aftermath of suspect Freddie Gray’s death are now requesting a change of venue for their trial and the recusal of State’s Attorney Marilyn Mosby.
Mosby has already faced criticism for her frequent public comments perceived by many to suggest an anti-police bias and undue sympathy for rioters who destroyed much of the city. A recent video of the prosecutor speaking at a Baltimore church even as the initial investigation was under way has further damaged her credibility among many.
She lamented “a criminal justice system that has historically and disproportionately affected so many communities of color,” suggesting that the violence and destruction in the city amounted to nothing more than frustration.
“Our young people, I know they are called thugs,” she continued. “Those are young people crying out. There is a sense of hopelessness in this city; and there’s nobody that can touch them the way that you all can. And I can’t do it in my capacity right now; but I know that you all have the ability of doing it.”
Fox News Channel Senior Judicial Analyst Andrew Napolitano joined The Kelly File host Megyn Kelly to discuss the backlash against Mosby. Though changing venue to ensure the officers receive a fair trial is an important step, Napolitano explained that, unless she recuses herself or is removed from the case, Mosby would still serve as the lead prosecutor.
He said these defendants would be hard pressed to receive a fair trial in Baltimore “even if Mother Teresa were the prosecutor,” noting that Mosby more closely resembles “a political candidate for … an office involving the administration of government.”
Her penchant for publicly speaking out about the case, while protected under the First Amendment, “has the insidious and deep-seated effect of affecting potential jurors and causing them to believe that the defendants are probably guilty,” Napolitano continued.
If the trial took place in his courtroom, he concluded, he would “seriously question her competence to try the case in a fair manner because her goal is not conviction, her goal is justice, her goal is the correct outcome on the basis of the evidence.”