02:56 - Source: CNN
Who is Marilyn Mosby?

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Attorneys for six officers say prosecutor urged police to crack down in area of Freddie Gray's arrest

Motion asks Marilyn Mosby to drop charges against officers or recuse herself

CNN —  

Attorneys for six Baltimore police officers facing charges in the arrest and death of Freddie Gray filed a motion Tuesday for prosecutor Marilyn Mosby to drop the charges or at least recuse herself from the case.

The motion cites a March directive that Mosby, state’s attorney for the city of Baltimore, made for officers to patrol the area aggressively where Gray was arrested on April 12. Gray, 25, died in police custody a week later from a spinal cord injury.

The attorneys say Mosby’s office issued orders for police to crack down on an open-air drug market active at North Avenue and Mount Street in Baltimore.

Police were doing just that when they arrested Gray, the officers’ attorneys argue, saying Mosby is now prosecuting those officers for following her directive.

The motion, filed in Baltimore Circuit Court, includes a copy of a March 17 email from Mosby’s office directing more active policing at North and Mount and photos from citizens of what they say demonstrates drugs being sold openly on that corner.

“Mrs. Mosby herself is now an integral part of the story and as such is a central witness. In the charges relating to the initial arrest and/or detention of Mr. Gray, Mrs. Mosby herself has become essential exculpatory evidence,” it reads.

It’s the second time lawyers have asked for Mosby’s recusal.

Last month, they cited a variety of concerns, including conflicts of interest and questions about the office’s independent investigation.

Mosby, before the motion was filed, had told CNN she would stay on the case.

“There is no conflict of interest. I’m going to prosecute. I’m the Baltimore state’s attorney. My district includes every city in Baltimore city. A number of crimes that take place in Baltimore city and unfortunately in the district we live. Where is the conflict?” she said.

Complete coverage of the Freddie Gray case