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Officers' Lawsuit Against Mosby Could Have Unprecedented Impact

BALTIMORE (WJZ) -- The lawsuit that five Baltimore City police officers brought against State's Attorney Marilyn Mosby could have an unprecedented impact on her office. WJZ's Mike Hellgren reports it faces some tough legal hurdles.

Hours after a federal judge heard arguments in the lawsuit that five officers brought against State's Attorney Marilyn Mosby, she spoke at Johns Hopkins University--an event billed as a candid conversation on Baltimore.

"As a woman of color, I represent one-percent of all elected prosecutors in the country," said Mosby.

She continued to defend her prosecutions in Freddie Gray's death, of the same officers now suing her for defamation.

"Had I not had a seat at the table to make the unprecedented decisions that I was forced to make based upon the facts and the law," Mosby said.

The judge signaled he was dropping some of the officers' claims against Mosby, but was still considering whether allegations of negligent and malicious prosecution would stand.

"It's very nerve-wracking when you're a political figure and a figurehead like she is," said Warren Alperstein, legal analyst.

Alperstein watched the Freddie Gray-related trials unfold. He says if the officers' lawsuit moves forward, it could have a disastrous impact on the State's Attorney's Office.

"You can bet that the officers and the attorneys are champing at the bit to get Mrs. Mosby under oath," said Alperstein.

Where Mosby could face problems is in her unusual role as an investigator in Freddie Gray's death, and that could strip her of her immunity against the lawsuit.

The officers argue Mosby provided false information about what happened to Freddie Gray, and they plan to grill her if they can get her on the witness stand.

"In a civil case like this, you as a defendant don't have that right. You must testify or be held in contempt of court," said Alperstein. "It is unprecedented. It is unheard of."

The officers are also suing the sheriff. His attorneys say he relied on information from the State's Attorney's Office to fill out the statements of probable cause in the charges against the officers.

Mosby is being represented by the Maryland Attorney General's Office. She denies the officers' claims against her.

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