Whenever Marilyn Mosby acts unprofessionally in her role as chief prosecutor in the aftermath of the Freddie Gray case, Megyn Kelly has criticized Ms. Mosby’s unprofessional conduct. Wednesday, the defendants’ defense attorneys filed a motion for a change of venue, insisting that Ms. Mosby’s statements have poisoned the jury pool to the extent that their clients can’t get a fair trial.
This statement is especially chilling:
MARILYN MOSBY: We will pursue justice by any and all means necessary.
Judge Napolitano explains why that statement is chilling:
JUDGE NAPOLITANO: Language like that, though it is not unlawful and it is protected by the First Amendment, has the insidious and deep-seated effect of affecting the potential jurors and causing them to believe that the defendants are probably guilty. Now if she does that herself, it is clear that there has to be a change of venue, meaning that the trial must be held in another part of the state of Maryland and the jurors have to be drawn from that other part of the state.
Here’s the text of the Sixth Amendment:
In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.
Thus far, Ms. Mosby hasn’t proven that she’s interested in following the rules of evidence nor has she shown an interest in the true definition of justice. Saying that she’ll “pursue justice by any and all means necessary” sounds like she’s willing to ignore the rules that restrict what a prosecutor is allowed to do. That statement sounds like she’ll get a conviction by hook or by crook.
That isn’t the definition of justice. This is:
the quality of being just; righteousness, equitableness, or moral rightness
Ms. Mosby is interested in a specific outcome which, it appears, she’s already predetermined. With that type of a mindset from the prosecutor, it’s difficult to picture how jurors wouldn’t be unjustly influenced by Ms. Mosby’s attitude, not the evidence.
Should Ms. Mosby prevail in getting a conviction, she’s already handed the defense an easy appeal based on the Sixth Amendment.