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Case 1:14-cr-00186-RDB Document 433 Filed 09/15/17 Page 1 of 4

William C. Bond
Pro Se Litigation
P.O. Box 4823
Baltimore, Maryland 21211
443.970.2887
proselitigator@aol.com

Corrected

September 14, 2017

The Hon. Richard D. Bennett via: Email


U.S. District Judge
United States District Court for the District of Maryland
Baltimore Division
101 West Lombard Street
Baltimore, Maryland 21201

RE: Criminal Action No.: 14-0186-RDB-1

Dear Judge Bennett:

[T]he outcomes should be public. He said keeping the


outcomes secret after the trials themselves are open would be
a cruel joke. Billy Murphy, September 13, 2017

I write to you in good faith about new events that concern the above-numbered action.

Specifically, yesterday William H. Billy Murphy and his law firm held a news conference
about the U.S. DOJs declination to pursue civil rights prosecutions against the Freddy Gray
Baltimore City police officers.1 This news conference was reported upon by The Baltimore Sun.2
The Sun also posted a video of the news conference along with their news story.3

1
The U.S. DOJ press release can be viewed here: https://www.justice.gov/opa/pr/federal-
officials-decline-prosecution-death-freddie-gray
2
Please see: Exhibit no.: 1, Freddie Gray's family 'devastated and disappointed' by
DOJ decision not to charge officers, attorney says by Kevin Rector, The Baltimore Sun,
September 13, 2017; which may also be viewed here:
http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-gray-family-response-20170913-
story.html
3
While the video is embedded in the news story, it can also be independently viewed
here: http://www.baltimoresun.com/news/maryland/crime/94604309-132.html
Case 1:14-cr-00186-RDB Document 433 Filed 09/15/17 Page 2 of 4

In this news conference, Mr. Murphy acted more as the advisor, political backer, & PR
representative of Baltimore City States Attorney Marilyn J. Mosby than as the attorney for a
family who claims that they are tired of being used as props. Nevertheless, Mr. Murphy then
proceeded to use them as said props by making the following claims in clear support of Ms.
Mosbys political ambitions:

1. First, Mr. Murphy impliedly stated that no black person should have confidence in the
present U.S. Department of Justice because of President Trump and Attorney General Sessions:4

Hassan Murphy said he had been prepared to believe that the


Justice Department under President Donald Trump and
Attorney General Jeff Sessions would produce an investigation
that was nothing more than a whitewash or a political
decision, but was convinced otherwise.

We have to admit that we left satisfied with the investigation


undertaken by this particular group of lawyers at the
Department of Justice, most or all of them holdovers from the
Obama administration, he said. They were frank and forthright
about the things they had done and the steps they had taken in this
investigation. (Emphasis added.)

2. Second, Mr. Murphy then attacked the entire Baltimore City Police Department with
information not in the public record5 and which, one would think, if it existed, the Justice
Department would have examined and commented upon if it had any merit:

Billy Murphy said he also will be watching the officers trial


boards, and that the outcomes should be public. He said keeping
the outcomes secret after the trials themselves are open would
be a cruel joke.

Murphy also praised Mosby for charging the officers in state court,
and claimed to have documents showing Baltimore police
officers deliberately obstructed Mosbys investigation into
the officers actions.

4
To brief the court on all the prejudicial statements that Mr. Murphy has made about
Republicans and/or conservatives could fill a book.
5
There is clear evidence that the Freddy Gray gag order imposed by Baltimore City
Circuit Judge Barry G. Williams was violated by Mr. Murphys own admission during his
December 15, 2015, interview on Fox News On the Record with Greta Van Susteren. Please
see: http://insider.foxnews.com/2015/12/16/freddie-gray-family-lawyer-billy-murphy-goes-
record-after-judge-declares-mistrial
2
Case 1:14-cr-00186-RDB Document 433 Filed 09/15/17 Page 3 of 4

I have been legally made privy to documents that I believe,


once theyre able to be released to the public, will show without
question that in several significant ways, her investigation was
sabotaged, he said.

Asked to elaborate, Murphy declined. He said he is not at liberty to


release the documents, but that their eventual release is inevitable.

Mosbys prosecutors have made similar allegations about police


obstructing the investigation. The Police Department has
previously denied those claims as flat wrong, and T.J. Smith, a
police spokesman, said Wednesday that the department stood by
that response. (Emphasis added.)

I will not repeat to the court all my past arguments as to why the attorney disqualifications of
Kenneth W. Ravenell and the entire law firm of William H. Billy Murphy in this case should
be unsealed. But, I plead again that there is no such thing as a permanently sealed court record(s)
without a justifying permanent reason put upon the record. In this case that has not happened.
This case has now been closed for more than seven (7) months. Defendant Byrds appeal of this
case is being held in abeyance by the U.S. Court of Appeals for the Fourth Circuit while he is
being prosecuted for other crimes in the State of Arizona. Further, it is doubtful that he would
object to the court now unsealing the subject records.

But, the good faith and new claim to this court is that Mr. Murphy has now, again, put his own
personal reputation into the glaring spotlight of public interest by not just holding his news
conference, but by his damning allegations and prejudicial conjecture that bring into question his
character. By his own words he claims the Freddy Gray cops should have their disciplinary
proceedings made public and that keeping the outcomes secret after the trials themselves
are open would be a cruel joke.

I could not agree more with Mr. Murphys above statements had he spoken instead about his and
his law firms conduct in this very case; and that keeping these records sealed is a cruel joke
upon the Maryland public when he goes around acting as if he is the preeminent beacon of legal
ethics for the type of folks who believe castrating, denuding, and suing to death the institution of
the Baltimore City Police Department is a good idea for lawful citizens and taxpayers.6

Finally, I continue to state to the court that Mr. Murphys continuing conduct is in violation of
The Maryland Lawyers Rules of Professional Conduct. Specifically, its Preamble: A Lawyers

6
Certainly, society is misguided when police officers murdered in the line of duty get
zero millions from the state, but social miscreants who never contributed a dime in taxes are able
to realize a 6.4-million-dollar windfall due to an accident.
3
Case 1:14-cr-00186-RDB Document 433 Filed 09/15/17 Page 4 of 4

Responsibilities speaks to the above direct quotes of attorney William Billy H. Murphy for
being a violation of the Rules.

In Part 5 of the Preamble, the Rules say: A lawyer should demonstrate respect for the
legal system and for those who serve it, including judges, other lawyers and public
officials.

In Part 6 of the Preamble, the Rules say: In addition, a lawyer should further the
public's understanding of and confidence in the rule of law and the justice system
because legal institutions in a constitutional democracy depend on popular participation
and support to maintain their authority. (Emphasis added.)

I ask that this court treat this letter as a new motion to intervene and to unseal the subject
attorney disqualification records in their entirety due to the case now being closed for seven-plus
months and the renewed public interest in Mr. Murphys character qualifications.

Because the public interest is immediate, I ask that the court immediately order the government
to show cause why these records qualify to remain being sealed for eternity. In the alternative, I
ask that the court simply unseal the records by a certain date if no objection if entered.

Thank you very much for your consideration.

I hope this letter finds you well.

Very truly & respectfully yours,

/s/

William C. Bond

cc: James G. Warwick, AUSA USAO MD via: Email


Kenneth Sutherland Clark, AUSA USAO MD via: Email
Michael Edward Lawlor, Esq., via: Email
Nicholas G. Madiou, Esq., via: Email
Gregory Dolin, Esq., via: Email7

7
Mr. Dolin is Mr. Byrds current court-appointed counsel in the U.S. Court of Appeals
for the Fourth Circuit.
4
Freddie Gray's family 'devastated and disappointed' by DOJ decision not ... http://www.baltimoresun.com/news/maryland/crime/bs-md-ci-gray-famil...

Case 1:14-cr-00186-RDB Document 433-1 Filed 09/15/17 Page 1 of 4

Freddie Gray's family 'devastated and


disappointed' by DOJ decision not to charge
officers, attorney says

Attorneys for the Gray family, William "Billy" and Hassan Murphy, talk about the decision of the Department of Justice to not charge the
Baltimore Police officers in the death of Freddie Gray. (Kevin Richardson / Baltimore Sun video)

By Kevin Rector
The Baltimore Sun

SEPTEMBER 13, 2017, 4:05 PM

reddie Gray's family is devastated and disappointed by the U.S. Department of Justice decision not
to file criminal civil rights charges against the six Baltimore police officers involved in his fatal 2015
arrest, according to their attorney.

This is a bitter pill for all of us to swallow, said attorney Hassan Murphy. It is the end of a chapter, and it
is a sad and tragic chapter that has left a trail both in this city and in this country of hurt feelings, injury and
disgust. And it is unfortunate that it has ended without anyone being held accountable for Freddies death.

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Case 1:14-cr-00186-RDB Document 433-1 Filed 09/15/17 Page 2 of 4


At the same time, Murphy said, the decision is one they accept, based in part on a conversation his firms
team including his father, attorney William H. Billy Murphy had with the Justice Department
attorneys who reviewed the case.

Hassan Murphy said he had been prepared to believe that the Justice Department under President Donald
Trump and Attorney General Jeff Sessions would produce an investigation that was nothing more than a
whitewash or a political decision, but was convinced otherwise.

We have to admit that we left satisfied with the investigation undertaken by this particular group of lawyers
at the Department of Justice, most or all of them holdovers from the Obama administration, he said. They
were frank and forthright about the things they had done and the steps they had taken in this investigation.

The Justice Department's decision was announced Tuesday. Local prosecutors filed criminal charges against
the officers in state court, but failed to secure a single conviction after all of the officers pleaded not guilty.

Murphy, speaking at the firms downtown offices, said the familys counsel understand the limited
jurisdiction that the federal government has in cases like this and the enhanced burden of proof that they
have, even as they continue to believe that someone should be held accountable.

With the decision made, he said, it is time now for all of us to reflect, to heal, to fight and to continue our
work in holding all of those with power over the rest of us to a very high standard.

Murphys firm had said Grays family would attend the news conference, but they did not. Asked why, Billy
Murphy said they were tired of getting bad news in the case and did not want to keep standing before the
media to address it.

Theyre tired of being used as props for the genuine sorrow that they do not wish to experience over and
over again, and so theyre not here, Billy Murphy said.

There is a level of fatigue for them, and its been hard for them to finish their mourning process while all of
these things the criminal case, the Department of Justice investigation hang over them, Hassan
Murphy said. Hopefully, despite what may come, they will have a chance now to really heal and be with
themselves.

The city reached a $6.4 million civil settlement with the Gray family in September 2015.

That settlement which exceeded the combined total of more than 120 other lawsuits brought against the
police for alleged brutality and misconduct since 2011 did not acknowledge any wrongdoing by police, but
accepted all civil liability in Grays arrest and death.

In a statement at the time, then-Mayor Stephanie Rawlings-Blake said the settlement was proposed solely
because it is in the in best interest of the city, and avoids costly and protracted litigation that would only

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Case 1:14-cr-00186-RDB Document 433-1 Filed 09/15/17 Page 3 of 4


make it more difficult for our city to heal and potentially cost taxpayers many millions more in damages.

Gray, 25, was arrested after fleeing officers in the Sandtown-Winchester neighborhood of West Baltimore on
April 12, 2015, and being found with a knife that officers determined was an illegal switchblade, according to
law enforcement officials. He was then handcuffed and shackled, but not restrained by a seat belt in the back
of a police transport wagon, where prosecutors said he suffered a fatal spinal cord injury. He died a week
later.

His death sparked widespread protests against police brutality in Baltimore, and his funeral April 27 was
followed by rioting, looting and arson that caused millions of dollars in damage.

Baltimore States Attorney Marilyn J. Mosby filed state criminal charges against the six officers, from
second-degree depraved heart murder to manslaughter to misconduct in office. Prosecutors alleged the
officers had put Gray in danger by failing to restrain him in a seat belt, and that the driver of the van
Officer Caesar Goodson Jr. had given him a rough ride.

Three of the officers Goodson, Lt. Brian Rice and Officer Edward Nero were acquitted at bench trials.
Mosby subsequently dropped all charges against Sgt. Alicia White and Officers Garrett Miller and William
Porter.

In an explanation of its decision on Tuesday, the Justice Department wrote that the evidence did not show
Gray was given a rough ride, or that officers were aware their failure to secure Gray with a seat belt put him
in danger, or that officers knew Gray was injured and needed immediate medical care.

In describing its findings in regard to the seat belt, the department gave a nod to the separate nature of civil
and criminal cases in such instances, writing that, to the extent that the officers violated department policy
in failing to seat belt Gray, those failures suggest civil negligence rather than the high standard of deliberate
indifference that prosecutors would need to prove to bring criminal civil rights charges.

Goodson, Rice, Nero, White and Miller still face internal discipline for violating departmental policies, and
are scheduled to stand trial on the administrative charges this fall and winter before panels of officers known
as trial boards. The boards could acquit the officers, or find them guilty at which point Police
Commissioner Kevin Davis would determine their punishment.

Goodson, Rice and White face possible termination, while Miller and Nero face up to five days of suspension
without pay. Porter is not facing administrative charges.

Mayor Catherine Pugh also addressed the Justice Departments decision Wednesday, saying she didnt know
whether it was correct because she isnt a lawyer and hadnt seen all the evidence, but that justice took its
course.

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Case 1:14-cr-00186-RDB Document 433-1 Filed 09/15/17 Page 4 of 4


Pugh said she will wait to see what happens with the internal disciplinary trials. The outcomes of those cases
are normally kept secret. Pugh said making them public was open for consideration, but its not clear that
would be allowed under state law.

Billy Murphy said he also will be watching the officers trial boards, and that the outcomes should be public.
He said keeping the outcomes secret after the trials themselves are open would be a cruel joke.

Murphy also praised Mosby for charging the officers in state court, and claimed to have documents showing
Baltimore police officers deliberately obstructed Mosbys investigation into the officers actions.

I have been legally made privy to documents that I believe, once theyre able to be released to the public,
will show without question that in several significant ways, her investigation was sabotaged, he said.

Asked to elaborate, Murphy declined. He said he is not at liberty to release the documents, but that their
eventual release is inevitable.

Mosbys prosecutors have made similar allegations about police obstructing the investigation. The Police
Department has previously denied those claims as flat wrong, and T.J. Smith, a police spokesman, said
Wednesday that the department stood by that response.

Baltimore Sun reporter Ian Duncan contributed to this article.

krector@baltsun.com

twitter.com/rectorsun

Copyright 2017, The Baltimore Sun, a Baltimore Sun Media Group publication | Place an Ad

This article is related to: Trials and Arbitration, Law Enforcement, Freddie Gray, Marilyn J. Mosby, Caesar
Goodson Jr., Garrett Miller, Brian Rice

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