The Maryland Court of Appeals heard arguments on Thursday, March 3 in the case of the Baltimore police officers charged in the death of Freddie Gray. At issue is whether the State may compel William Porter to testify by giving him use and derivative immunity, in the cases of Alicia White and Caesar Goodson. Goodson is the only officer charged with second degree murder. Porter’s lawyers argue the testimony will violate Porter’s 5th amendment right against self-incrimination. William Porter’s trial ended with a mistrial in December, 2015. The State intended to try Porter first of the six officers with either a conviction or acquittal. In either way, Porter would have been legally free to testify as a witness in the other cases. He would not have been subjected to double jeopardy or being tried twice if acquitted. And if convicted, he would be able to testify as he would be found guilty and no longer be facing a trial. The mistrial result threw a monkey wrench in the whole … [Read more...] about Justice Delayed or Denied in the Baltimore Police Officers’ Cases
William Porter
Are the Baltimore Police Officer Cases Going Down a Dark Hole?
On February 4, Baltimore prosecutors appealed Judge Barry Williams’ decision that William Porter cannot be compelled to testify in the upcoming trial of officer Edward Nero charged with misdemeanor assault of Freddie Gray. For those who are not keeping score, 6 officers are charged. Three officers, William Porter, Caesar Goodson, Jr. and Alicia White are primarily charged with manslaughter with the van driver, Goodson being also charged for second degree murder. Porter’s case ended in a hung jury. Three arresting officers, including Edward Nero, William Garrett and Lt. Brian Rice are charged with misdemeanor assault, misconduct in office and other misdemeanors. Nero’s case was set to begin February 22 until the State decided to appeal Judge Williams’ ruling. Goodson and White’s trials are already on hold pending an appeal decision. Defense attorneys appealed Williams' ruling in those two cases. The trial against William Porter ended in a hung jury in December. … [Read more...] about Are the Baltimore Police Officer Cases Going Down a Dark Hole?
Prosecution of Baltimore Police Officer’s Case on Life Support
The hung jury in December of William Porter’s trial raises critical issues for the prosecution in trying the van driver, Caesar Goodson, for the death of Freddie Gray. Goodson’s trial scheduled to start on January 11, was postponed on the same day by the Maryland Court of Special Appeals pending rulings on whether Porter must testify in the case. The prosecution’s cases of the 6 Baltimore police officers charged in the death of Freddie Gray are difficult ones to prove. As a former Baltimore prosecutor, I know the challenges of proving a homicide case based on circumstantial evidence. Despite much of the perception of a slam dunk case for a conviction, without video, a confession and any eyewitnesses other than the involved police officers and another detainee in the van, Donta Allen, who testified as a defense witness for the police, the prosecution always faced an uphill battle. On April 12, police arrested Freddie Gray and placed him in a police van driven by … [Read more...] about Prosecution of Baltimore Police Officer’s Case on Life Support
5 Things to Watch in Freddie Gray Police Officer Case
Every coin has two sides and every case has two sides to the story. There are several key things to watch carefully in the William Porter case. First the jury’s first introduction to the case is with the State’s opening statements. While openings are not evidence in any case, they set the tone for what might happen. And jury consultants often teach trial lawyers that jurors often decide a case on the opening statements and then look towards evidence that will validate their feelings from the opening. A well- spoken opening statement outlining the case in graphic, eloquent manner is crucial to either side. And Deputy State’s Attorney Michael Schatzow emotionally appealed to the jury with words to describe how Freddie Gray entered the van and then how he left the van—saying Gray could walk, talk, breath and run before he got in the Baltimore police van. Gray left the van unconscious clinging for his life and died a week later. As for the two sides of the coin, the cross … [Read more...] about 5 Things to Watch in Freddie Gray Police Officer Case