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Baltimore Judge Denies Motions to Dismiss Charges Against Officers in Freddie Gray Death

Defense lawyers are calling for charges to be dismissed and for State's Attorney Marilyn Mosby to be removed from the case.
Baltimore State's Attorney Marilyn Mosby speaks in Baltimore on May 1, 2015. (Photo by Alex Brandon/AP)

A Baltimore judge has denied a motion by defense lawyers to dismiss charges against the six officers involved in the high-profile death of Freddie Gray, who died while in police custody in April.

At the case's first pre-trial hearing, Baltimore City Circuit Court Judge Barry Williams also denied a motion calling for the replacement of State's Attorney Marilyn Mosby and her fellow prosecutors over conflict of interest claims, among other reasons.

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Shortly before the hearing began, a band of protesters began to assemble outside the downtown Baltimore courthouse. At least one protester was arrested Wednesday morning, police said.

HAPPENING NOW: Protests outside Baltimore courthouse. — Raqiyah Mays (@RaqiyahMays)September 2, 2015

Gray, 25, was arrested on April 12 after he made eye contact with an officer in a Baltimore neighborhood and subsequently fled on foot. Video footage showed officers carrying his limp and handcuffed body into the back of a police van, in which he was left unsecured. His family's lawyers allege that his spine was nearly severed and his voice box crushed in the course of a long drive to the police station. Gray died a week later in hospital from his injuries and his death was later ruled a homicide. The questionable circumstances of his arrest and death sparked mass protests and riots across Baltimore that rapidly spread across the nation.

On May 1, Mosby announced a range of criminal charges against the six officers, which include second-degree murder, manslaughter, assault in the second degree, misconduct in office, and false imprisonment.

— ENUFF CED™ (@ifuaskmee)September 2, 2015

In revealing the charges, Mosby spoke passionately about the case. "No crime was committed by Freddie Gray" on the day of his arrest, she said, before adding that "no one is above the law." The announcement helped abate protests, though a national movement to end police brutality, especially toward African-Americans and other minorities, continues.

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Following the announcement of charges, police unions and defense lawyers accused Mosby of failing to ensure a fair and impartial trial for the officers. They called for Mosby to recuse herself over accusations that the prosecutor's office improperly conducted a separate probe at the same time that an official police investigation was under way.

At the pre-trial hearing Wednesday, the defense called Mosby's speech a "pep rally" that encouraged revenge on the officers. But prosecutors said the state's attorney's tone was an attempt to calm Baltimore in light of the riots.

Ultimately, the judge dismissed the defense's motion claiming Mosby represents a conflict of interest because of her political and personal affiliations — her husband is a councilman in the district where Gray died, and she has also been tied to the lawyer representing Gray's family.

In their court filing, prosecutors claimed defense's motion "bounces from one ridiculous allegation to another, like a pinball on a machine far past 'TILT'."

Reuters contributed to this report.