LI: Freddie Gray: Sheriff Who Swore Charges Against Officers Says He Never Investigated

From my post over at Legal Insurrection:

Well, well, well.  It looks like the civil suits filed against State’s Attorney Marilyn Mosby (who brought the prosecution againt the officers) and Baltimore Assistant Sheriff Cogen (who swore out the charges against the officers) is beginning to bear strategic fruit, just as I’d predicted was their true immediate purpose.

Today the Baltimore Sun reports that Cogen now claims in an affidavit that he had “no involvement in the investigation whatsoever.” Instead, he was simply presented with purported evidence by the prosecution and told what the prosecutors had already themselves determined to be the facts of the case.  Cogen affidavit states:

I was also presented with a narrative that formed the basis of the application for statement of charges that I completed by the State’s Attorney’s Office.  The facts, information and legal conclusions contained within … as well as the charges lodged against plaintiff came entirely from members of the State’s Attorney’s Office.

Normally, prosecutors such as Mosby and law enforcement such as Cogen have legal immunity from civil suit for conduct undertaken in the performance of their offices.  Such immunity does not, however, apply where such personnel commit perjury or otherwise act with actual malice.  The officers suing Mosby and Cogen are necessarily claiming exactly such circumstances in order to avoid dismissal of their suit on immunity grounds.

To read the whole thing, click here.

About the Author

Andrew Branca
Andrew F. Branca is a Massachusetts lawyer and the author of the seminal book “The Law of Self Defense, 3rd Edition,” available at the Law of Self Defense website (autographed copies available) and Amazon.com (paperback and Kindle), and many other re-sellers. Andrew just launched his latest product, the LOSD Instructor Program, designed for gun safety, marksmanship and tactical strategy instructors. Be an elite member of the self defense community, understanding your state's self defense laws to a depth even lawyers rarely achieve. Check it out here.   Andrew also gives live, in-person, ~5 hour-long state-specific Law of Self Defense Seminars all over the country. Click here to find a live seminar covering your state's self-defense laws.   Andrew also produces many 4-5 hour online, on-demand state-specific Law of Self Defense training courses. These online classes are enriched versions of the live, in-person state-specific Law of Self Defense Class Andrew gives all around the country. Click here to find an online course for your state. These online classes are priced at $249/HOUSEHOLD. You can learn more details and view the first section of the training class for free (about 30 minutes worth of self-defense law training) by clicking here.

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