Baltimore probe into black man's death fails to support charges: CNN

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Baltimore Police Investigation Causing Issues For Prosecutors In Freddie Gr


(Reuters) - The Baltimore police investigation into the death of a black man from injuries sustained in police custody fails to support some charges filed by the city prosecutor, CNN reported on Thursday.

Citing officials briefed on the separate probes by prosecutor Marilyn Mosby and police into the death of Freddie Gray, the television news network said the lack of support for charges from the police findings could allow lawyers representing the officers to undercut the prosecution.

Gray, 25, sustained spinal injuries after being arrested, and his death on April 19 sparked protests and a day of arson and looting in the largely African American city.

38 PHOTOS
Baltimore, Officers charged in death of Freddie Gray
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Baltimore probe into black man's death fails to support charges: CNN
This photo provided by the Baltimore Police Department on Friday, May 1, 2015 shows, top row from left, Caesar R. Goodson Jr., Garrett E. Miller and Edward M. Nero, and bottom row from left, William G. Porter, Brian W. Rice and Alicia D. White, the six police officers charged with felonies ranging from assault to murder in the death of Freddie Gray. (Baltimore Police Department via AP)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: City Sheriff's deputies form a perimeter around State's Attorney for Baltimore Marilyn Mosby (C) as she leaves the Baltimore City Circuit Courthouse East where pre-trial hearings were held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Kwame Rose is arrested after he and several other protesters blocked various intersections in downtown Baltimore. The first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peaceful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A Baltimore City Sheriff's deputy moves among a small crowd of peaceful demonstrators in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peacful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. (AP Photo/Alex Brandon)
Billy Murphy, an attorney who represents the family of Freddie Gray, stands between Senate President Thomas V. Mike Miller, seated far left, and Gov. Larry Hogan, center, as Hogan signs a bill to create a commission to study the implementation of police body cameras, Tuesday, May 12, 2015 in Annapolis, Md. Murphy said: The bills Hogan is signing Tuesday were approved before the death of Freddie Gray, who was fatally injured in Baltimore police custody last month. (AP Photo/Brian Witte)
Freddie Gray's stepfather Richard Shipley, right, speaks, as attorney Billy Murphy stands nearby, during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley speaks during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015, in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Charvae Day, right, and Renay Battle react on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Marilyn Mosby, with folder, Baltimore state's attorney, departs after a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody.(AP Photo/Alex Brandon)
Mayor Stephanie Rawlings-Blake speaks during a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
President Barack Obama pauses as he answers a question about the situation in Baltimore during a meeting in the Roosevelt Room of the White House in Washington, Friday, May 1, 2015, with persecuted journalists to mark World Press Freedom Day. The president Barack Obama said it's "absolutely vital" that the truth about what happened to Freddie Gray comes out. (AP Photo/Susan Walsh)
Mayor Stephanie Rawlings-Blake arrives to speak at a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march on North Avenue after Baltimore authorities released a report on the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges will be filed. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
Freddie Gray's twin sister Fredricka Gray sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley, right, sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced Friday criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Adrian Roberson, right, celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Police officers stand guard with the War Memorial behind, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody in Baltimore. (AP Photo/Alex Brandon)
The Rev. Pamela Coleman, center speaks on a city bus on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Dominique Cunningham celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Rabbi Yerachmiel Shapiro, left, and other citizens celebrate on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Meach Johnson celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
A man shakes hands with a National Guard soldier outside City Hall, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/Alex Brandon)
Protesters link arms while marching toward City Hall to demonstrate the police-custody death of Freddie Gray, Thursday, April 30, 2015, in Baltimore. Baltimore police say they have turned over their criminal investigation to a prosecutor who will decide whether charges are warranted in the death of Freddie Gray. (AP Photo/David Goldman)
BALTIMORE, MD - MAY 02: A man tears up on the street at North Ave., and Pennsylvania Ave., in West Baltimore a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., on the street a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: Protesters march on the street from City Hall a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
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Mosby charged six officers on Friday with counts ranging from false imprisonment to manslaughter and second-degree murder. She made her announcement hours after the state medical examiner ruled the death a homicide and a day after police turned over their findings about Gray's arrest.

Officials familiar with the probes say the homicide investigation run by police at most contemplated a manslaughter charge, not second-degree murder as Mosby charged one of the officers, Caesar Goodson.

To win conviction for murder, prosecutors must prove intent to kill. Manslaughter relates to unintentional killings.

Homicide investigators briefed by the medical examiner's office believed the autopsy report would likely find the cause of death to fall short of homicide, one official familiar with the case told CNN.

Mosby said that the medical examiner concluded that Gray's fatal injury occurred in a police transport van taking him to a station house.

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(5/1 update) Baltimore Freddie Gray protests - NYC and elsewhere
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Baltimore probe into black man's death fails to support charges: CNN
Daniel H Smith demonstrates outside City Hall in Philadelphia on Thursday, April 30, 2015. The event in Philadelphia follows days of unrest in Baltimore amid Freddie Gray's police-custody death in Baltimore. (AP Photo/Matt Rourke)
Protesters rush a police line after a rally at City Hall in Philadelphia on Thursday, April 30, 2015. The event in Philadelphia follows days of unrest in Baltimore amid Freddie Gray's police-custody death. (AP Photo/Matt Rourke)
PHILADELPHIA, PA - APRIL 30: Micaiah Bakues-Freeman, 9, joins protestors demonstrating over the death of Freddy Gray outside City Hall on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march in demonstration over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
Protesters clash with police in Philadelphia on Thursday, April 30, 2015. The event in Philadelphia follows days of unrest in Baltimore amid Freddie Gray's police-custody death. (AP Photo/Matt Rourke)
PHILADELPHIA, PA - APRIL 30: Protestors linger in front of a large contingent of police officers after marching over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
Protesters march after a rally at City Hall in Philadelphia on Thursday, April 30, 2015. The event in Philadelphia follows days of unrest in Baltimore amid Freddie Gray's police-custody death. (AP Photo/Matt Rourke)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Mark Makela/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer stands watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. . (Photo by Kena Betancur/Getty Images)
Protestors hold signs during a protest to support the rallies in Baltimore, in front of the White House, Wednesday, April 29, 2015 in Washington. Freddie Gray died from spinal injuries about a week after he was arrested and transported in a Baltimore police van. (AP Photo/Alex Brandon)
A person is arrested by police officers near Union Square, Wednesday, April 29, 2015, in New York. People gathered to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
A man is carried by police officers as arrests are made at Union Square, Wednesday, April 29, 2015, in New York. People gathered to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
Protesters march on the west side of Manhattan Wednesday, April 29, 2015, in New York. People gathered in several areas on New York to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
Protesters move along as they are pushed off 42nd Street by police near Times Square Wednesday, April 29, 2015, in New York. People gathered in several areas of New York to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
A person is arrested by police officers near Union Square, Wednesday, April 29, 2015, in New York. People gathered to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
NEW YORK, NY - APRIL 29: Demonstrators snarl traffic as they try to block an entrance to the Holland Tunnel during a solidarity protest of the death of Freddie Gray on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police. (Photo by Michael Abbott/Getty Images)
Protesters slam their hands against a bus shelter as they chant Wednesday, April 29, 2015, in New York. People gathered to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
New York, NY-April 29: New Yorkers protest the death of Baltimore, Maryland Police victim Freddie Gray in a show of solidarity in the Union Square section of New York City on April 29, 2015 in New York City. Credit: RTNJennings/MediaPunch/IPX
Protesters chant on 42nd Street Wednesday, April 29, 2015, in New York. Hundreds of people gathered in several areas on New York to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
Protestors lay in the street to stage a die-in at Herald Square, Wednesday, April 29, 2015, in New York. Several hundred people gathered in New York on Wednesday to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody, and more than a dozen were arrested. (AP Photo/Julie Jacobson)
Protesters yell out in Union Square Wednesday, April 29, 2015, in New York. People gathered to protest the death of Freddie Gray, a Baltimore man who was critically injured in police custody. (AP Photo/Craig Ruttle)
NEW YORK, NY - APRIL 29: A man gestures to a police officer during a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer keeps watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. . (Photo by Kena Betancur/Getty Images)
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Lawyers for two officers have challenged a key part of Mosby's case, that a knife found on Gray was legal in Maryland and thus officers did not have a right to arrest him. The police investigation found that the knife was illegal under the city code.

A police spokesman did not respond to a request for comment. Mosby said in a statement that she refused to litigate the Gray case in the media.

"These unethical disclosures are only damaging our ability to conduct a fair and impartial process for all parties involved," she said.

Police Commissioner Anthony Batts told CNN on Tuesday that Mosby called him about 10 minutes before she disclosed the charges.

Baltimore Mayor Stephanie Rawlings-Blake asked the U.S. Justice Department on Wednesday to investigate the police department for civil rights violations.

(Reporting by Ian Simpson in Washington)

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