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A Lesson To Be Learned.

You may remember Maryland District Attorney for the City of Baltimore Marilyn Mosby.

Mosby was the DA who tried to prosecute the six police involved in the death of Freddie Gray in 2015. The prosecution was a disaster for Mosby and her office. Four of the cases against the officers were dismissed immediately. The other two officers were not convicted after Mosby’s office withheld evidence, conspired with witnesses, and doctored evidence. Upon the two officers being found “not guilty,” judges in both trials reprimanded the Mosby and her office. Yet despite all that, Mosby came out and said she was right to prosecute the officers even though judges had dismissed the charges and judges finding her conduct to be questionable at best.

Mosby is back in the news with an announcement she made the other day concerning the prosecutions, or rather the cases her office would no longer prosecute.

Declaring the war on drugs over in Baltimore, State’s Attorney Marilyn Mosby announced Friday she will make permanent her COVID-19 policy to dismiss all criminal charges for the possession of drugs including heroin.

The city’s top prosecutor also said she will continue to dismiss criminal cases for nonviolent crimes of attempted drug distribution, prostitution, trespassing, open containers and minor traffic offenses. Since her office stopped taking these cases one year ago, prosecutors have dismissed 1,400 criminal cases and a similar number of warrants, she said.

Violent crime, meanwhile, has declined about 20% so far this year compared to the same three months of last year, largely before the coronavirus pandemic, according to police statistics. Similarly, property crime declined 35% when comparing those time periods.

“Clearly, the data suggests that there is no public safety value in prosecuting these low-level offenses,” Mosby said.

We can’t wait to see how residents react with open drug deals, prostitution and people drinking in their neighborhoods affect their quality of life. If law abiding residents want people off of their property, the police can arrest them, but Mosby won’t prosecute which means the person will be able to come back time and time again without consequence.

However, Mosby may be manipulating the data.

Mosby said she was making permanent a temporary policy to exercise prosecutorial discretion that she ushered in in March 2020 amidst the initial COVID-19 lockdown. After dismissing over 1,400 cases and quashing another 1,400 warrants for such crimes, Mosby bragged that 18 percent fewer individuals were incarcerated in Baltimore year-on-year.

Mosby the Miracle Worker, you say? Hold on.

In fact, the year before Mosby took office, Baltimore logged 211 murders in a city with a population under 600,000 and falling. That equates to a homicide rate of 35 per 100,000 residents. It has climbed past 300 for each year Mosby has been the chief prosecutor, hitting 348 killings in 2019, for a rate of 59 per 100,000 — a 65 percent increase since 2014.

Last year, with 335 murders, the city clocked in at 57 homicides per 100,000 — twice the rate of Mexico and three times as high as Guatemala and El Salvador. That still shows a 59 percent murder increase under Mosby.

[….]

For March to March, Baltimore saw robberies decline 38 percent and street robberies (the largest share of Baltimore’s robberies) fall by 48 percent. That is 1,600 fewer muggings, which alone accounts for nearly 70 percent of Baltimore’s violent-crime drop. All robberies combined make up 83 percent of the decline. This is hardly surprising, since with pandemic lockdowns and closures in place, stick-up artists had far fewer targets on whom to ply their trade. That trend is consistent with this year’s 14 percent decline in robberies across similarly sized cities.

Under Mosby’s tenure, violent crime did not fall. In fact, it skyrocketed by 33 percent before last year. And that’s because she’s not very good at her job. While she publicly claims an astounding 93 percent felony conviction rate — 85 percent for homicide, 91 percent for gun crimes, and 98 percent for narcotics — she fails to mention that those numbers exclude cases that she dismissed while claiming credit for convictions on a lesser charge, including in homicide cases. If the denominator is small enough, Mosby looks impressive. But the truth is more sanguine.

She drops or loses more than 40 percent of her felony cases and fails to prosecute and imprison gun offenders. Shockingly, in 2018, Mosby secured convictions for only 18 percent of “felon in possession of a firearm” cases — a known precursor offense to violence. Even worse, of those convicted, most don’t see the inside of a jail cell for long, or even at all, despite Maryland’s statutory five-year minimum sentence. An analysis by the Baltimore Sun showed that 43 percent received less than a year in jail and 13 percent got no jail time at all.

And for homicide, Mosby isn’t getting very impressive results. Of the 202 murder cases resolved since 2017 (out of 1,300 murders in that period and 2,000 since she became state’s attorney), Mosby has secured guilty verdicts in 38 percent of them, while pleading out another 26 percent. Many of those pleas received lesser-charge convictions, including gun possession and obstruction of justice, as well as light sentences, in some cases only a few months in prison.

Baltimore is losing residents because of crime and here we have Mosby siding with criminals rather than with the law abiding citizens.

Even worse, the police don’t know how to react:

But Mosby went further and extended her non-prosecution to “attempted distribution,” which is not a Maryland statutory term. Mosby has been equally fuzzy on whether there is a possession threshold.

In a telling exchange at a city-council hearing after Mosby’s announcement, one councilman asked the police commissioner: “If someone is walking around downtown with a backpack with three bricks of cocaine, I’m assuming that you will arrest them versus if someone is walking around downtown with three grams of cocaine, I’m assuming that you will not arrest them.”

The city’s top cop replied: “I don’t know that the state’s attorney has defined the threshold other than I do recall her saying simple possession in any amount.”

The sky’s the limit!

While cities and states are trying to come out of COVID related lockdowns, Mosby is essentially declaring open season on the people of Baltimore by criminals on the false data set that crime dropped because of a lack of prosecution.

It seems that Mosby’s move may be related to another issue – the fact that the FBI is issuing subpoenas and raiding offices of both Mosby and her husband, who happens to be the head of the City Council.

Federal prosecutors have opened a criminal investigation into Baltimore City Council President Nick Mosby and State’s Attorney Marilyn Mosby, subpoenaing her campaign and the couple’s business records, according to a grand jury subpoena obtained by The Baltimore Sun.

The U.S. Attorney’s office and the FBI requested a wide range of financial records related to the power couple: tax returns, bank statements, credit card statements, loan documents and canceled checks. They subpoenaed Mosby’s campaign treasurer and requested records tracing back to 2014, some related to the Mosbys’ private travel and consulting businesses.

In addition, Union Baptist Church received a federal grand jury subpoena seeking information about whether Nick Mosby had made contributions there, the church’s attorney, Robert Dashiell, confirmed. The pastor of another major church, Bethel AME, also said he received a subpoena, though Rev. Patrick Clayborn said he did not know details of what it was seeking.

Federal agents visited Nick Mosby at City Hall last week, according to two sources.

Nick Mosby, who was elected last year to his post, has not responded to multiple requests seeking comment this week. Marilyn Mosby, the two-term top prosecutor, also did not respond to multiple requests for comment.

And then there is the issue of the Mosby’s not paying taxes:

The couple has drawn scrutiny in recent months for business and financial dealings. The Sun reported in October that the Internal Revenue Service filed a $45,000 lien against their home for three years worth of unpaid taxes.

The IRS filing shows the couple owed nearly $23,000 for the 2014 tax year, more than $19,000 for 2015 and about $3,000 for 2016. Nick Mosby, 43, said the debts stem from his early withdrawals of retirement savings because of “unplanned expenses after a series of family tragedies.” Marilyn Mosby has said only that she was unaware of the lien.

The cynic in us believes that Mosby is announcing a policy that will make residents less safe and for property values to go down in order to take the spotlight off of the Federal investigation.

Seldom does that tactic work in the long run, but then again, it seems to be akin to tactics her office uses to get convictions in trials.

Failure after failure after failure and the residents wonder why the City isn’t getting better.



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