Marilyn Mosby, the Baltimore prosecutor who charged six police officers with the April 2015 murder of Freddie Gray, “overreached” in her attempts to mollify “the mob,” Harvard Law professor and author Alan Dershowitz told Megyn Kelly of Fox News’ The Kelly File.
When asked by Kelly what his issue with Mosby was, Dershowitz responded, “Overcharging,” noting that she charged one of the police officers with “Murder Two” — according to Legal Dictionary, this is “The unlawful killing of another human being without justification or excuse,” and “perhaps the single most serious criminal offense.”
Dershowitz stated that Mosby was over the top in issuing this charge.
“These are officers who, you know, made a mistake,” he said, “but they are not guilty of criminal conduct.”
Dershowitz added that Mosby was trying to “stop the mob,” but “you don’t use the criminal justice system to solve racial problems.”
Black Lives Matter, Marilyn Mosby “Endangering” The U.S. Legal System
Dershowitz went on to say that Mosby “is a symptom of a larger problem,” centering around the group Black Lives Matter, whom he said is “endangering the fairness of our legal system. They’re still rooting for outcomes based on race. It started a long time ago — it started with the O.J. Simpson case.”
Dershowitz was a member of the legal team that defended the former football star in 1994 in the murder of his ex-wife, Nicole Simpson, and her friend, Ronald Goldman.
“African-Americans wanted an acquittal” in that case, he said, “but without regard to the evidence. Now, many want convictions without regard to the evidence.
“We cannot allow a justice system to be turned into a kind of racial categorization.”
Kelly noted that the media, Black Lives Matter, and apparently Marilyn Mosby have all but ignored the fact that the judge in the case is African-American, and so are three of the six police officers charged with Freddie Gray’s murder.
Kelly also recalled how a previous guest on The Kelly File advocated changing the standards so that it’s easier to convict police officers in killings like this.
“Well, you can’t change proof beyond a reasonable doubt,” Dershowitz said.
“You can’t change, ‘Better ten guilty go free than one innocent be wrongly defined. That’s what America is all about, and we cannot allow racial differences — which are serious, racial problems are serious — to distort our criminal justice system.”
Kelly asked if someone could go after Marilyn Mosby for malicious prosecution. Dershowitz answered affirmatively, and stated that her actions were “politically motivated.
“I think the voters should go after” Mosby, he added, because she “overcharged” the policemen.
Alan Dershowitz: “Black Lives Matter is endangering the fairness of our legal system.” #KellyFile— Megyn Kelly (@megynkelly) May 25, 2016
Marilyn Mosby: Praised Then, But Now?
Kelly and Dershowitz both referred to Mosby’s May 1, 2015, statement on Freddie Gray’s death, where she said, “This is your time” to the youth of Baltimore.
Her speech was praised by many, including the Washington Post, who said “Mosby struck a beautiful balance between the righteous anger of the community and the necessary respect for law enforcement.”
“The sincerity of her words and their emphatic delivery will go a long way in keeping Baltimore calm in the months ahead,” the Post opined.
But today, Mosby has been sued by two of the police officers, Alicia White and William Porter, who were accused of murdering Gray. The two are claiming that Mosby knowingly made “false” statements against them in her May 1 statement, the Baltimore Sun reported.
What do you think? Did Marilyn Mosby overcharge the police officers? Or was this a case of racial injustice?
[Photo by Mark Makela/Getty Images]