Former California Prosecutor, Defense Attorney Files Complaint Against Mosby

A retired California prosecutor and defense attorney says he's so outraged by the actions of Baltimore State's Attorney Marilyn Mosby that he filed a grievance from the other side of the country.

The filing from Martin C. Brhel Jr. is the second such complaint against Mosby for her handling of the trials in the death of Freddie Gray. Brhel said he has no connection to Baltimore or Maryland.

"The only indirect contact I have with it other than the fact that I have friends that live in Maryland is the fact that as a retired prosecutor, I am highly offended at the way Ms. Mosby, in my humble opinion... is persecuting six innocent police officers."

He said a prosecutor has an ethical duty to only file cases where probable cause exists, and where they honestly believe they can convince a jury to convict. He said the answer to both questions for all six Baltimore officers charged in Gray's death is no.

In his filing, Brhel goes on to decry due process violations committed by the prosecution most recently in the trial of Officer Caesar Goodson, whom circuit court Judge Barry Williams would go on to acquit. He compared Mosby to disgraced prosecutor Mike Nifong, who pursued the Duke lacrosse rape allegations in 2006 and was later disbarred.

"Nifong simply made a bad filing decision. Mosby, on the other hand, apparently has prior instances displaying ofanti-police officer and ethnic bias," Brhel wrote. "When white former Ferguson Officer Darren Wilson fatally wounded black assailant, Michael Brown, even though the U.S. [Department of Justice] exonerated Wilson, Mosby cast racial aspersions on the officer."

While WBAL NewsRadio 1090 could not find any archived reports backing up that claim, Mosby did call for the Missouri governor to appoint a special prosecutor, according to a number of media accounts. However, she declined calls from some, including the Fraternal Order of Police, to appoint a special prosecutor in this case.

"A Brady violation, that's a mortal sin," he said. "Her law license should be revoked, period."

Under the state constitution, all state's attorneys must be admitted to the bar in order to serve.

Brhel said these sorts of filings aren't something he usually does, and said it wouldn't matter if the case were taking place down the street or, indeed, across the country.

"I think I have a professional duty to do exactly what I'm doing here," he said.