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Officers charged in Freddie Gray's death take case against Mosby to Supreme Court

Posted at 3:59 PM, Oct 08, 2018
and last updated 2018-10-08 17:44:51-04

Five of the six officers charged in the 2015 death of Freddie Gray now want the Supreme Court to hear their case.

The civil suit on behalf of Officers William Porter, Garrett Miller, Edward Nero, Sergeant Alicia White, and Lieutenant Brian Rice has been weaving its way through the courts for more than a year.

They contend that as Baltimore state's attorney, Marilyn Mosby maliciously prosecuted the officers and overreached in her power to bring charges in 2015.

The officers won the first hearing, lost the second and now they are looking up to the highest court in the land.

"Right now we are tied 1-1 and the Supreme Court would be the tiebreaker," said the attorney for Brian Rice, David Ellin.

On Thursday, Ellin along with the four others filed what is called a Petition for Writ of Certiorari, a formal ask the Supreme Court to take the case.

The odds are slim, but Ellin says he believes they will take this case partly because of the national intrigue but more to take the opportunity to clearly define the role of a prosecutor in cases of alleged police misconduct or criminal acts.

"I think that the Supreme Court will take it. I think they will want to dictate what a prosecutor can and can’t do and set those parameters so that every prosecutor in the country will know how they should operate if they are handling one of these cases," Ellin said.

Ellin says their chances the Supreme Court will hear the case may only be buoyed by the recent contentious confirmation hearing of newly sworn-in Associate Justice Brett Kavanaugh.

Ellin says the perceived conservative slant of the court could help their case.

"I would think that it would help us in that the more conservative the court is, the more likely they would be to side with law enforcement and police officers."

There is also no timetable for when attorneys expect to hear back.

We contacted Marilyn Mosby's office for comment on this story and they referred us to the Maryland Attorney General who has yet to comment.