Baltimore prosecutor Marilyn Mosby wants a judge to block defense attorneys from selectively releasing evidence in the Freddie Gray case, or facilitate an agreement between the two sides to post all of the evidence online in one fell swoop, the Baltimore Sun reports. In an unusual court filing, Mosby’s office requested a protective order barring defense attorneys for the six Baltimore police officers charged in Gray’s arrest and death from releasing any of the evidence due to them June 26 through court discovery, including Gray’s autopsy.
Absent that order, prosecutors said they would rather accept a deal to post all of the evidence online than “remain silent,” as is required of them by law, while defense attorneys leak evidence that suits their needs, which Mosby’s office said they are inclined to do. Outside legal observers said it was bizarre. Legal ethics are a matter of law, and it’s unclear if the standard requiring prosecutors to protect a defendant’s right to a fair trial could be ignored if the defendant gave consent to post evidence online, said Kurt Nachtman, a defense attorney and former Baltimore prosecutor.