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U.S. NEWS Friday 1 February 2019
Baltimore prosecutor files petition to erase pot convictions

By DAVID McFADDEN to address more significant Thursday that it is not yet
Associated Press crimes in a U.S. city grap- clear whether Mosby's de-
BALTIMORE (AP) — Balti- pling with chronically high cisions might Sheriff Gahler:
more's top prosecutor has violent crime rates and I wanted to be sure the
filed a rarely used legal no shortage of dangerous citizens of Harford County
petition intended to va- drug syndicates. understand, this latest dis-
cate 3,778 convictions for Some have dismissed appointing action of the
possession of marijuana, Mosby's moves this week City State's Attorney has no
arguing an extraordinary as a kind of stunt, arguing impact here. We will con-
legal strategy is necessary that Baltimore essentially tinue to enforce the State's
to "right an extraordinary stopped prosecuting sim- laws in regards to mari-
wrong." ple pot possession cases juana possession because
In a highly unusual "Mary- years ago. Thiru Vignara- that is what we are sworn
land v Maryland" filing in jah, an ex-Maryland dep- to dochange Maryland's
state court, State's Attor- uty attorney general who conversation about mari-
ney Marilyn Mosby used a unsuccessfully challenged juana and criminal justice
petition called "writ of error Mosby in last year's primary in a productive way.
coram nobis" that allows for Baltimore's state's attor- "It's political theater if all it In this July 27, 2016 file photo, Baltimore State's Attorney Marilyn
a court to reopen cases ney job, said that only 78 does is get your name out Mosby, right, holds a news conference near the site where Fred-
when substantial error is out of more than 1,100 pos- there and nothing chang- die Gray was arrested after her office dropped the remaining
charges against three Baltimore police officers awaiting trial in
found that wasn't appar- session cases actually went es. But if its politics that pro- Gray's death, in Baltimore.
ent in initial judgments. The forward since 2014. motes change, it's some- Associated Press
petition, if granted, could "Ending prosecutions does thing different," he said.
wipe out thousands of pot not end arrests & changing Jaros pointed out that one America's "progressive" nearly enough progressive
possession convictions. policy requires partnership criticism of Mosby is that city prosecutors but some policies coming from her
Mosby's arguments are — without the police, this is she positions herself among argue they haven't seen office.q
based on what she paints just hollow grandstanding,"
as an opportunity to he tweeted.
achieve retroactive justice She hasn't gotten immedi-
by acknowledging racial ate buy-in from Baltimore's
disparities in how pot pos- acting police leader, who
session cases over years notes officers are sworn
were policed and pros- to enforce existing laws
ecuted in Baltimore, a city made by lawmakers. In-
under a federal oversight terim Commissioner Gary
program due to discrimina- Tuggle stressed that his of-
tory and unconstitutional ficers will continue to make
policing. arrests for illegal marijua-
"The sordid history of mari- na possession "unless and
juana prohibition lies in eth- until the state legislature
nic and racial bigotry," she changes the law regard-
writes in the filing, which ing marijuana possession."
notes that racial disparities Sheriff Gahler: I wanted to
in possession arrests contin- be sure the citizens of Har-
ue to exist in majority-black ford County understand,
Baltimore even after Mary- this latest disappointing ac-
land's 2014 decriminaliza- tion of the City State's At-
tion of amounts less than 10 torney has no impact here.
grams. We will continue to enforce
Mosby's actions are part of the State's laws in regards
an ongoing national shift to marijuana possession
with the way criminal justice because that is what we
functions regarding mari- are sworn to doTuggle will
juana, which is allowed for soon be replaced by New
some form of medical use Orleans Police Superinten-
in most U.S. states even as dent Michael Harrison, who
it remains illegal under fed- is starting as Baltimore's act-
eral law. Simple pot posses- ing commissioner on Feb.
sion is a crime prosecutors 11.
in some other American Meanwhile, the city's may-
cities including New York, or, Catherine Pugh, said
Philadelphia and St. Louis she was supportive of what
won't pursue. she believes Mosby is trying
Her court petition comes to address while also stress-
the same week she an- ing that drug dealers fuel
nounced her office will no violence. She urged state
longer prosecute any can- lawmakers to "look careful-
nabis possession cases, re- ly at these issues" to figure
gardless of the quantity or out a unified approach.
an individual's criminal re- In a phone interview, Uni-
cord. She argued that limit- versity of Baltimore law
ed resources were needed professor David Jaros said