Office of the State's Attorney for Baltimore City

For Immediate Release 8/21/2017

Over the past few weeks, major concerns have arisen pertaining to the Baltimore Police Department’s use of body-worn camera (BWC) devices. Just as in the case of the seven (7) federally indicted officers, the Office of the State’s Attorney for Baltimore City (SAO) has been forced to employ significant resources in order to thoroughly evaluate questionable BWC incidents and all related cases pertaining to the officers involved. To date, all known questionable BWC activity has been referred to the Baltimore Police Internal Affairs Division and is currently under investigation.

Today, our office is reporting the existence of a third body-worn camera (BWC) video that captures questionable activity by a member of the Baltimore Police Department (BPD) in June of this year. Unlike the two previous incidents, this video, which was not yet in the possession of the SAO, was self-reported as a re-enactment of the seizure of evidence and brought to the attention of the SAO by BPD on August 2, 2017.

Upon receiving the third video, the SAO took immediate action and referred the matter to the Internal Affairs Division of BPD. As with the other two BWC videos, the Public Trust and Police Integrity Unit worked diligently to identify approximately 101 Circuit and District court cases that have been and or will be impacted and almost immediately began a thorough evaluation of each case involving the officers associated—assessing and reviewing the officers’ involvement in each case; the sufficiency of evidence in each case; and whether there are alternative ways to prove each case.

Our attorneys have been instructed to determine whether any of the officers involved in this third BWC incident are material witnesses whose testimony is essential to the successful prosecution of any case. If so, their cases are to be nol prossed. 

“The body-worn camera program was established to fight crime, better protect officers, and foster public trust,” said State’s Attorney Marilyn Mosby. “Whether planting evidence, re-enacting the seizure of evidence or prematurely turning off the department-issued body-worn camera, those actions misrepresent the truth and undermine public trust.”

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UPDATED NUMBERS: **All numbers are approximate as of August 18, 2017.

7 Federally Indicted Officers

  • Total number of cases impacted (active and adjudicated): 296*
    • Total number of viable cases for which the SAO will pursue prosecution: 37*
    • Total number of cases nol prossed or to be nol prossed: 77*
    • Total number of cases with motion pending: 63*
    • Total number of cases with motion denied: 7*
  • Total number of cases currently under review: 111*

BWC #1

  • Total number of cases impacted (active and adjudicated): 227*
    • Total number of active cases when SAO began review: 135*
      • Total number of viable cases for which the SAO will pursue prosecution: 26*
        • Total number of viable cases involving in-custody defendants: 12*
      • Total number of cases nol prossed or to be nol prossed: 68*
        • Total number of cases involving in-custody defendants to be nol prossed: 8*
      • Total number of active cases currently under review: 41*
    • Total number of closed cases to be reviewed: 92*

BWC #2

  • Total number of cases impacted (active and adjudicated): 237*
    • Total number of active cases when SAO began review: 123*
      • Total number of viable cases for which the SAO will pursue prosecution: 18*
        • Total number of viable cases involving in-custody defendants: 6*
      • Total number of cases postponed for further investigation, nol prossed or to be nol prossed, if continuance for further investigation is not granted: 44*
        • Total number of cases involving in-custody defendants to be nol prossed, if continuance for further investigation is not granted: 6*
      • Total number of active cases currently under review: 56*
        • Total number of cases involving in-custody defendants currently under review: 10*
      • Total number of closed cases to be reviewed: 114

BWC #3

  • Total number of cases impacted (active and adjudicated): 101*
    • Total number of active cases when SAO began review: 65*
      • Total number of viable cases for which the SAO will pursue prosecution: 22*
        • Total number of viable cases involving in-custody defendants: 13*
      • Total number of cases nol prossed or to be nol prossed: 43*
        • Total number of cases involving in-custody defendants to be nol prossed: 12*
      • Total number of active cases currently under review: 0*
    • Total number of closed cases to be reviewed: 36