Officer Garrett Miller's trial will be No. 5, but so far the state is 0-4 with three full acquittals and a detailed explanation of each verdict by Judge Barry Williams.
Verdicts some say prove Baltimore City State’s Attorney Marilyn Mosby cannot win any future cases.
“No,” former Deputy State’s Attorney Page Croyder said, “absolutely not.”
Croyder spent more than 20 years as a prosecutor in that office and after the most recent acquittal of Lieutenant Brian Rice, she took to her blog to post some of the most pointed criticism of Marilyn Mosby.
In a post labeled A media that still doesn't get it, Croyder said those who think Mosby should get points for at least trying to try these officers are dead wrong.
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She said moving forward with a flawed prosecution is not only irresponsible, but an injustice itself.
"For a prosecutor to use criminal court and ruin the lives of individual police officers or any defendant of any persuasion, ruin it to make a political point or in order to air out issues is unethical and inappropriate," she said.
Croyder’s concerns are not lost on some in Freddie Gray’s Easterwood neighborhood.
"If she [Mosby] doesn't have anything significantly different, then it may be an injustice to continue with the process," former Baltimore NAACP President Doc Cheatham said.
Cheatham said it may be a mistake to continue prosecuting the officers if the case is the same against Garrett Miller next week, but he trusts and supports Mosby and feels if she thinks she has a winnable case, then it needs to move forward.
"To totally just walk away because you've lost some of the cases, that would be an injustice as well. We are talking about someone's life. Ya know no matter what happens to these officers, they will not lose their life. Mr. Gray lost his life and so justice has to be served and it is served in a court of law," Cheatham said.
The pre-trial hearing for the Miller trial is set for Wednesday.
Jury selection is slated for Thursday but if the previous trials are any indication, Miller may choose a bench trial.
Officer Miller faces second degree assault, reckless endangerment and two counts of misconduct in office.
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