RadioOnFire.com - Three of the four remaining officers who face trial in the death of Freddie Gray are asking for their case to be dismissed arguing a "defect in the institution of prosecution."
In motions posted on the Court's website, Officer Garrett Miller is seeking the dismissal, along with Sgt. Alicia White.
The Baltimore Sun also reports Lt. Brian Rice, whose trial is scheduled to begin one week from today, has made a similar request.
The request is based on what attorneys say are "defects" raised at the District Court and Circuit Court levels.
CLICK HERE to read the motion filed by Sgt. White. Identical motions have been filed by Officer Miller and Lt. Rice.
Attorneys for all three officers cite an affidavit unsealed last week by Baltimore City Sheriff's Major Sam Cogen, who, along with State's Attorney Marilyn Mosby, was also sued for wrongful arrest by the three officers.
In an affidavit unsealed in Rice's federal lawsuit, Cogen claims he was not part of the investigation that led to the charges filed against the officers.
The Baltimore City State's Attorney's Office had claimed Cogen led independent investigation for their office, but Cogen in his affidavit said he only signed off on the investigation completed by the state;s attorney's office. Cogen also admitted to signing the arrest warrants for the six officers charged.
The defense attorneys also cite a Baltimore Sun report this weekend, in which the newspaper obtained the notes of Baltimore City Police Detective Dawnyell Taylor, who said she was told by the state's attorney to present a script to grand jurors that contradicted the findings of the police department's investigation into Gray's death.
The defense attorneys argue the script was written by assistant state's attorney Janice Bledsoe.
Earlier this month, during the trial of Officer Caesar Goodson, Taylor testified for the defense and noted she had an interview with Assistant Medical Examiner Carroll Allan, who performed the autopsy on Freddie Gray,. According to Taylor's notes, Allan said Gray's death was the result of a "freakish accident," but when she testified Allan said Gray's manner of death was a homicide.
Taylor testified that Bledsoe stormed out of the room, when Taylor presented her findings and accused Taylor of trying to "sabotage the state's case."
The attorneys for Rice, Miller and White are asking Judge Barry Williams to dismiss their indictments, and hold a hearing on their request.
They have also filed a separate motion asking for the notes of the grand jury to be disclosed in court.
Rice who faces manslaughter and four other charges will face a pre-trial hearing next Tuesday, with jury selection scheduled for next Wednesday. If Rice requests a bench trial, that request will be considered at Tuesday's hearing.
Miller is scheduled to go on trial on July 27.
White is scheduled to go on trial on October 13.
Source WBAL
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