PASSAGE OF THE DAY: "This could be the fifth time Davis, 30, will be tried for the same murder. A group of activists has argued that the Baltimore City State's Attorney's Office is unfairly prosecuting Davis. They have commissioned billboards and used social media, particularly Twitter, to advocate for Davis. Davis is accused of killing Kevin Jones, a 22-year-old security guard at Pimlico Race Course in 2015. Throughout the legal process, Davis has maintained his innocence. His defense has suggested in past trials that the police planted a gun on him. Davis' legal case has been a complicated one. He was tried twice in 2017. His first trial resulted in a hung jury; the second led to a conviction, which was overturned when a judge found prosecutors withheld information about the credibility of a key witness. A third trial resulted in another hung jury. In 2019, Davis' fourth trial ended in a conviction, but the outcome was again overturned. He was granted a new trial because the judge refused to allow appropriate and required pre-trial questioning by the defense. Nugent's ruling noted an incident where Mosby clashed with a supporter of Davis in Harbor East. Mosby was captured on video giving the supporter the middle finger. He cited several media appearances by Mosby where she misrepresented the outcomes of Davis' cases."
---------------------------------------------------------------------------
PASSAGE TWO OF THE DAY: "The case is subject to a gag order. So the defense team and even Mosby herself are prohibited from commenting. The defense has accused Mosby of violating the gag order. She will defend herself on the contempt charge on Aug. 12. The motion by the defense team was notable because it mimicked a motion by Mosby in her federal fraud and perjury case. Mosby claimed federal prosecutors were pursuing a vindictive prosecution. Her motion failed as well."
---------------------------------------------------------------------------
STORY: "Judge: Mosby committed 'antagonistic acts,' but won't drop case against Keith Davis Jr., by Reporter Tim Swift, published by Fox 5, on June 30, 2022.
GIST: A Baltimore Circuit Court judge Thursday rejected a defense motion to drop the charges against Keith Davis Jr. because was persuing a vindictive prosecution.
In his ruling, Judge John Nugent acknowledged the "antagonistic acts of the State's Attorney's Office against Mr. Davis" but said they failed to meet the legal standard to dismiss.
However, he ordered a discovery hearing set for the prosecutors to prove their actions weren't vindictive in a second case involving a fight in prison in 2020.
"The state's attorney and her staff engaged in conduct establishing personal animosity toward Mr. Davis outside the bounds of legitimate prosecutorial conduct," Nugent wrote.
This could be the fifth time Davis, 30, will be tried for the same murder. A group of activists has argued that the Baltimore City State's Attorney's Office is unfairly prosecuting Davis. They have commissioned billboards and used social media, particularly Twitter, to advocate for Davis.
Davis is accused of killing Kevin Jones, a 22-year-old security guard at Pimlico Race Course in 2015. Throughout the legal process, Davis has maintained his innocence. His defense has suggested in past trials that the police planted a gun on him.
Davis' legal case has been a complicated one.
He was tried twice in 2017. His first trial resulted in a hung jury; the second led to a conviction, which was overturned when a judge found prosecutors withheld information about the credibility of a key witness. A third trial resulted in another hung jury. In 2019, Davis' fourth trial ended in a conviction, but the outcome was again overturned. He was granted a new trial because the judge refused to allow appropriate and required pre-trial questioning by the defense. Nugent's ruling noted an incident where Mosby clashed with a supporter of Davis in Harbor East. Mosby was captured on video giving the supporter the middle finger. He cited several media appearances by Mosby where she misrepresented the outcomes of Davis' cases.
Ultimately, Nugent found that the charges against Davis predated the "antagonistic acts."
The case is subject to a gag order. So the defense team and even Mosby herself are prohibited from commenting. The defense has accused Mosby of violating the gag order. She will defend herself on the contempt charge on Aug. 12.
The motion by the defense team was notable because it mimicked a motion by Mosby in her federal fraud and perjury case. Mosby claimed federal prosecutors were pursuing a vindictive prosecution. Her motion failed as well.
The entire story can be read at:
judge-mosby-committed-antagonistic-acts-but-wont-drop-case-against-keith-davis-jr
PUBLISHER'S NOTE: I am monitoring this case/issue. Keep your eye on the Charles Smith Blog for reports on developments. The Toronto Star, my previous employer for more than twenty incredible years, has put considerable effort into exposing the harm caused by Dr. Charles Smith and his protectors - and into pushing for reform of Ontario's forensic pediatric pathology system. The Star has a "topic" section which focuses on recent stories related to Dr. Charles Smith. It can be found at: http://www.thestar.com/topic/charlessmith. Information on "The Charles Smith Blog Award"- and its nomination process - can be found at: http://smithforensic.blogspot.com/2011/05/charles-smith-blog-award-nominations.html Please send any comments or information on other cases and issues of interest to the readers of this blog to: hlevy15@gmail.com. Harold Levy: Publisher: The Charles Smith Blog;
