In a recent development in the ongoing legal discussions surrounding Baltimore's crime prevention strategies, the City of Baltimore has publicly countered the concerns raised by the Baltimore City State's Attorney Office (SAO). The City's independent legal opinion vehemently disputes the SAO's stance that ties between the Mayor's Office of Neighborhood Safety & Engagement (MONSE) and the SAO could potentially jeopardize prosecutions due to the risk of Brady violations.
The independent review was undertaken by legal expert Tara A. Barnes, a former Assistant State’s Attorney, who now serves as Managing Partner at Rollins, Smalkin, Richards & Mackie, LLC. Barnes was tasked to thoroughly examine the assertions made in the SAO's January 20th expert opinion. Her conclusions were unequivocal, as she explained, "In my legal opinion, the concern about the risk of systemic constitutional violations- based on Brady- is rhetorically compelling but legally misplaced." This critique and the full response were released today and can be found on the Mayor's Office official website.
The City argues that the SAO expert letter incorrectly expands the scope of who is subject to Brady and what the range of "Brady Materials" is. Specifically, it asserts that MONSE's engagement in Victim Services and the Gun Violence Reduction Strategy (GVRS) does not equate to them possessing potential impeachment evidence as defined by the Brady rule. The independent response dissects the SAO's claims, suggesting the letter builds outward from that assumption, thus creating an issue where none exists, according to Barnes' findings.
The City of Baltimore and Mayor Brandon M. Scott are advocating with the legal backing of Barnes' findings that the work done by MONSE is within legal bounds and does not pose the risks outlined by the SAO. This develops into a larger discourse around the balance of criminal justice procedures and the effectiveness of community-based violence intervention programs.
