No, a prosecutor is responsible for how an investigation is conducted (ethically, legally and even morally). The “buck stops” with her
This seems to be one step below “prosecutorial malfeasance or misconduct” but since it is a civil issue, it still goes to misconduct and possibly the ignoring of exculpatory evidence.
The whole Gray affair was a miscarriage of justice for the police officers involved, and was handled by both the Mayor and Mosby (as well as the Deputy Sheriff) in a very prejudicial manner, if not an outright anti-police campaign.
Freddy Gray initiated the whole affair by his own actions. The police acted on a valid suspicion that he was up to something because some of them knew he as small time drug dealer.
The only good thing that can come of this affair, besides getting rid of the Mayor, Mosby and Cogen, is to improve safety conditions in a police van. Perhaps in death Gray finally did something good for others instead of dealer death to them via drugs.
Only time will tell.
I’m not defending her conduct. But Judge Garbis, according to the summary, said that while prosecutorial immunity is absolute, it does not apply to the investigation phase. That distinction does not make sense to me. Part of a prosecutor’s job is investigation. And remember that legal principles have a way of boomeranging. Today, Mosby is under the microscope. Tomorrow, it may be a conservative prosecutor.