(CNN) — The decision by Baltimore prosecutors to drop all charges against three officers still facing prosecution in connection with the death of Freddie Gray raises some important questions.
Simply dropping the charges now against the remaining defendants is problematic, because it logically suggests that there was never sufficient evidence against any of the officers, and bolsters the arguments of critics who say the prosecution was purely political.
The death of Gray in police custody touched off protests and riots in April 2015. After his arrest on a Baltimore street, Gray suffered severe injuries, including a broken neck, in the van that took him to the police station. He died a week after the arrest. In May of that year, charges were filed against six officers.
Prosecutors enjoy unfettered discretion in choosing whom to prosecute. Once that choice is made, there is little periodic review of whether the case remains viable -- until the verdict. Even with an acquittal or dismissal, the decision of a single prosecutor can destroy the lives of citizens. Such is the case here. These officers, in theory, have no convictions and clean records now. But do they really? Does it matter that their names aren't on a criminal docket anymore, if they're all over the Google landscape forever?
If the initial choice to prosecute creates such a ripple effect of disruption in the life of a defendant and his family, then surely that choice is a scrutinized process with institutional checks and balances, right? We hope so. But what if it's not?
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