Page 6 - ARUBA TODAY

A6 U.S. NEWS
Thursday 7 december 2017

Court asked to stop suit against prosecutor in man’s death

By DENISE LAVOIE Gray was conscious during
AP Legal Affairs Writer much of the ride in the po-
RICHMOND, Va. (AP) — A lice van. They also said evi-
lawyer for Baltimore’s top dence was withheld about
prosecutor asked a federal another witness who said
appeals court Wednesday Gray was banging his head
to dismiss a lawsuit by five against the wall of the van
police officers who claim while he was in custody.
she maliciously prosecut- Attorney Andrew Toland
ed them in the death of a III said Mosby acted as a
black man gravely injured police officer in doing an
in custody. independent investigation
Assistant Attorney General of Gray’s death and gave
Karl Pothier told the three- “incomplete or misleading”
judge panel that as a pros- information to Major Samu-
ecutor, Marilyn Mosby has el Cogen of the Baltimore
immunity from the lawsuit City Sheriff’s Office, who
filed by officers who were had said he signed the ap-
charged but later cleared plication for the officers’ ar-
in the arrest and death rest based on the summary
of Freddie Gray. Pothier of events provided by Mos-
urged the 4th U.S. Circuit by. The officers also named
Court of Appeals to over- Cogen as a defendant in
turn a judge’s decision to their lawsuit. The 4th Cir-
allow parts of the lawsuit to cuit did not indicate when
go to trial. it would rule. The U.S. De-
“A prosecutor’s protective Baltimore State’s Attorney Marilyn Mosby, right, holds a news conference in Baltimore. partment of Justice in Sep-
cloak of absolute immunity The 4th U.S. Circuit Court of Appeals will hear arguments Wednesday, Dec. 6, 2017, in tember declined to bring
is not so easily removed,” Mosby’s bid to overturn a decision from a judge who ruled that parts of the lawsuit filed federal civil rights charges
Pothier said. against Mosby by five Baltimore police officers charged in the death of Freddie Gray against the six officers —
Lawyers for the officers, can move forward. three white and three black
however, said Mosby act- (AP Photo/Steve Ruark) — meaning none could be
ed as an investigator — Mosby charged six officers the officers’ lawyers about cuting police officers,” said held criminally responsible
not simply as a prosecutor in Gray’s arrest and death, why they should be al- Wilkinson, who repeatedly for Gray’s death. And in re-
— and is therefore not im- an announcement that lowed to sue Mosby for raised his voice while ques- cent weeks, the police van
mune from the lawsuit. brought celebrations in the bringing criminal charges tioning the officers’ lawyers. driver and the highest-rank-
Gray, 25, died on April 19, streets. against them and holding Five of the officers sued ing officer in Gray’s arrest
2015, from a fatal spinal Three were ultimately a news conference to an- Mosby, alleging that she also were cleared of any
injury suffered in a police acquitted and Mosby nounce the charges. did not have enough evi- administrative wrongdoing
van, prompting days of dropped the remaining “What we’re talking about dence to charge them and by a police panel. Police
widespread protests and cases. here is muzzling prosecu- that she omitted key infor- Commissioner Kevin Davis
rioting. While tensions were On Wednesday, Judge J. tors who have publicly ex- mation about a witness subsequently decided to
still smoldering in Baltimore, Harvie Wilkinson III grilled pressed grounds for prose- who had observed that scrap a final trial board.q
Police: Mother, 2 children aged 3 and 5, slain in Arkansas

LITTLE ROCK, Ark. (AP) — their mother, Mariah Cun- unable to contact Cun- pect in the slayings “at this duced.
Two young children and ningham, on Tuesday after- ningham. Police initially time.” That month, two children
their 24-year-old mother noon. Moore said investiga- said one of the victims was Pulaski County jail records died in what police said
were slain in their apart- tors have determined that 4. show Fisher is being held was a double murder-sui-
ment and their father has the three are homicide vic- Police haven’t said how for another county and on cide.
been arrested on unrelat- tims. The bodies have been the victims died or provide charges of failure to ap- Moore said earlier that the
ed charges, Little Rock po- sent to the State Crime Lab a motive. Moore said he pear and bond revocation. three Tuesday deaths push
lice said Wednesday. to determine the cause of didn’t know when the kill- The city had been on pace the city’s total for 2017 to
Officer Steve Moore said death. ings happened. for a record-high homi- 55.
in a news release that of- Police say they were called Police Lt. Michael Ford said cide rate not seen since
ficers called to a reported by a relative who found the the children’s father, Greg- the gang wars of the early Justice Department records
suicide found the bodies bodies after being notified ory Fisher, 29, has been ar- 1990s, but the violence ta- show Little Rock had 68
of 5-year-old Alayah Fisher, that the children had not rested on unrelated charg- pered in August when ad- deaths in 1993 attributed to
3-year-old Elijah Fisher and arrived at school and was es but that he is not a sus- ditional patrols were intro- murder or manslaughter.q