Prosecutors have said that the knife was legal and that Gray should not have been arrested. The officer's defense attorney, Marc Zayon, says in the filing in state District Court that he thinks the knife "was not lawful" and that a charge placed against Gray was appropriate.
Gray died April 19 after suffering a spinal injury, and his death has been ruled a homicide. Prosecutors have said they think the injury occurred in a police transport van.
In court papers, police had described the knife as a spring-loaded switchblade — illegal under Maryland law — that was found clipped to Gray's right-front pants pocket. It was found after officers chased Gray, who allegedly ran after seeing police.
In announcing criminal charges against the officers, Baltimore State's Attorney Marilyn Mosby said that the knife is not a switchblade and that it is legal. She described the arrest as illegal.
Zayon's client, Officer Edward Michael Nero, 29, was charged with two counts of assault, two counts of misconduct in office and false imprisonment.
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"We will litigate the issues of the legality of the arrest of Freddie Gray in the courtroom," Zayon said. "I am quite confident Officer Nero will be acquitted."
Mosby's office did not return phone calls seeking comment Tuesday evening. She issued a statement Tuesday saying the "evidence we have collected cannot be ethically disclosed, relayed or released to the public before trial."
