Lawyers for man accused of shooting Baltimore County police officers allege prosecutor misconduct, want case dropped
BALTIMORE -- Defense attorneys for a man charged with shooting two Baltimore County police officers last year accuse prosecutors of misconduct and want the state's attorney's office removed from leading the prosecution or the case dropped.
Lawyers for David Linthicum alleged prosecutors have become too close to the officers who were injured. They said the prosecution pushed to delay an internal use-of-force investigation and failed to provide full access to their internal affairs records.
The Allegations
The manhunt for David Linthicum locked down parts of Cockeysville and Fallston in February 2023 with an exhaustive search for the 25-year-old suspect after he shot two police officers.
Linthicum's father initially called the police to their home in Cockeysville saying his son was suicidal. Police said Linthicum shot the responding officer and then fled. They said he then shot another officer and stole his patrol car before being captured in Harford County.
New Court Filings
In new court motions, Linthicum's lawyers want the Baltimore County State's Attorney's office removed from the case. They're also calling for the charges against their client to be dropped, alleging "the state's close relationship with the victims in this case has resulted in a serious pattern of misconduct that has irreparably harmed Mr. Linthicum's due process rights."
Linthicum's defense attorneys claimed, "the entire prosecution is tainted and contaminated by outside influence."
They also told the judge, "The [state's attorney's office] is lacking in impartiality because of its close-knit and deeply entrenched relationship with the Baltimore County Police Department."
"When you have prosecutors who step into that realm and become so aligned with victims that they become victim advocates as opposed to prosecutors, then that's a problem. And hopefully, they will realize that and step aside voluntarily so this person can get a fair trial," Michael Heiskell, the president of the National Association of Criminal Defense Lawyers told WJZ Investigator Mike Hellgren.
Accessing Internal Affairs Records
The defense said they were denied full access to officers' internal affairs files and accused prosecutors of "failing to disclose that the narcotics team who recklessly, and against orders, organized the approach [of] Mr. Linthicum on Warren Road, have between them over one hundred use of force cases and multiple red flag alerts for questionable behavior."
"The people of Baltimore County should demand better responses to mental health crises and a fair trial for Mr. David Linthicum. We need to hold our criminal legal system accountable when we have this type of conduct engaged in by prosecutors," Heiskell said.
Prosecutors' Response
In a letter to the defense lawyers, a deputy state's attorney wrote, "The records are related to an ongoing law enforcement proceeding. This is one of several reasons why the records can be denied as a matter of discretion."
The defense also alleged prosecutors asked police to delay a use of force investigation into the officers.
"When these accusations come forth, often times you will see state's attorneys or prosecutors voluntarily recuse themselves. Otherwise, it's left for the court to make that determination, and if that happens, of course a special prosecutor can be brought in," Heiskell told WJZ.
The state's attorney's office declined comment to WJZ on Friday and said they will respond to the court in an upcoming motion. Linthicum's trial is set for September. His defense attorneys have asked the judge to stop officers from testifying as witnesses.