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2015-2016 Baltimore Police Trial Thread
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Topic Started: Dec 16 2015, 04:23 PM (139 Views)
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Webster
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Dec 16 2015, 04:23 PM
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Baltimore Sun: Jury Deadlocked In First Of Freddie Gray Police Trials
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Judge Barry G. Williams on Wednesday declared a mistrial in the trial of Officer William G. Porter on all four counts.
Porter, 26, was charged with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office in the April arrest and death of Freddie Gray.
Gray, 25, suffered a broken neck and severe spinal cord injury in the back of a police transport van after his arrest on April 12. His death a week later prompted widespread protests against police brutality, and his funeral was followed by the most intense rioting and looting in the city since the assassination of Martin Luther King Jr. in 1968.
Baltimore State's Attorney Marilyn J. Mosby charged Porter and five other officers in Gray's arrest and death on May 1, and many have watched the proceedings in Porter's trial closely. --by Kalani Gordon, Baltimore Sun - 3:22 PM
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Webster
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Dec 16 2015, 04:26 PM
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Wasatch Storyteller & Resident Forum Curmudgeon
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Background & Links of interest.... Wikipedia: Death of Freddie Gray Wikipedia: 2015 Baltimore Protests Baltimore Sun Live Blog of Freddie Gray Trials
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Webster
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Dec 16 2015, 04:28 PM
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Wasatch Storyteller & Resident Forum Curmudgeon
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Additional Links of interest.... Baltimore Sun: Timeline of Events & Charges Baltimore Sun: Key Individuals Google News Live Feed
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Webster
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Dec 16 2015, 04:31 PM
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Wasatch Storyteller & Resident Forum Curmudgeon
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Yahoo News: Hung Jury Declared In Baltimore Police Trial

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BALTIMORE (Reuters) - A Maryland judge declared a hung jury on Wednesday in the trial of Baltimore police officer William Porter, who was charged with involuntary manslaughter in the death of detainee Freddie Gray.
Baltimore City Circuit Court Judge Barry Williams issued the ruling after the jury of seven women and five men was unable to each a verdict after about 16 hours of deliberations. Porter also was charged with second-degree assault, reckless endangerment and misconduct in office over Gray's death in April from a broken neck suffered in a police van.
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Webster
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Dec 16 2015, 04:37 PM
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Wasatch Storyteller & Resident Forum Curmudgeon
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Baltimore Sun: Mayor Rawlings-Blake Issues Statement On Judge's Decision
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"A few minutes ago, Judge Barry G. Williams declared a mistrial in the criminal case of Officer William Porter because the jury was unable to reach a unanimous verdict. It is now up to State’s Attorney Marilyn Mosby to determine whether to further pursue criminal charges. This is our American system of justice. Twelve Baltimore residents listened to the evidence presented and were unable to render a unanimous decision. As a unified city, we must respect the outcome of the judicial process. In the coming days, if some choose to demonstrate peacefully to express their opinion, that is their constitutional right. I urge everyone to remember that collectively, our reaction needs to be one of respect for our neighborhoods, and for the residents and businesses of our city. In the case of any disturbance in the city, we are prepared to respond. We will protect our neighborhoods, our businesses and the people of our city." --by Kalani Gordon 3:34 PM
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Webster
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Dec 16 2015, 04:39 PM
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Wasatch Storyteller & Resident Forum Curmudgeon
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 --All quiet Penn North and Gilmor homes where #FreddieGray was taken into custody - official mistrial #PorterTrial http://pbs.twimg.com/media/CWX9A4sUYAEgRg3.jpg (Karl Ferron, Baltimore Sun - 16 Dec. 2016)
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Webster
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Dec 16 2015, 04:51 PM
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KGO-TV (San Francisco): Mistrial Declared In First Freddie Gray Trial

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BALTIMORE -- A mistrial was declared Wednesday in the case of the first police officer to stand trial over the death of Freddie Gray. The jury was hung on all charges.
Circuit Judge Barry Williams announced Wednesday that the jury couldn't reach its decision after three days of deliberations in the manslaughter trial of William Porter.
He was the first of six officers to stand trial on charges stemming from Gray's arrest and death. The judge told the jurors they had "clearly been diligent" before he dismissed them.
As the decision was announced a handful of protesters gathered outside the courthouse.
Gray died after suffering a broken neck in a police van while handcuffed and shackled. An autopsy concluded his head was probably slammed against inside the van as the van turned a corner or stopped.
Prosecutors say Porter should have called an ambulance when Gray indicated he needed medical help, and should have buckled Gray's seat belt.
Porter testified Gray didn't seem hurt. He says he told the driver and a supervisor Gray wanted to go to a hospital.
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Webster
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Dec 16 2015, 05:15 PM
Post #8
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Wasatch Storyteller & Resident Forum Curmudgeon
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 --Not a lot of activists here but those that are have moved to te exit that Porter has used. Large sheriff contingent http://pbs.twimg.com/media/CWYFcMBWoAAMsOF.jpg (Justin Fenton, Baltimore Sun - 16 Dec. 2015)
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Webster
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Dec 16 2015, 06:05 PM
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Baltimore Sun: What Led To Mistrial In Officer Porter Case
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Prosecutors and defense lawyers have sparred for days on many issues in the trial of Officer William G. Porter, who faced four charges in the April death of Freddie Gray. Jurors have not specified why they were deadlocked, but here's a summary of key conflicts that confronted jurors:
When Gray's injury occurred: Dr. Carol Allan, the assistant state medical examiner who performed the autopsy on Gray, said he was injured between the second and fourth stops. She would not have ruled the death a homicide, she said, had Porter or the van's driver, Officer Caesar R. Goodson Jr., sought medical care for Gray at the fourth stop.
A defense witness, Dr. Vincent DiMaio, said Gray's catastrophic injury must have occurred between the fifth and final stops of the van. Had it occurred any earlier, Gray would not have been able to ask for help, kneel, or move his body in any way.
Seat-belting: Prosecutors argued that Baltimore Police Department rules clearly require officers to seat-belt arrestees. Porter's lawyers argued that police rarely seat-belted prisoners and that the departmental rule — updated just weeks before Gray died — was not well-known.
Medical care: Prosecutors argued that departmental rules require officers to provide medical care to those in custody when they ask for it. A police investigator said Porter told her that Gray complained he could not breathe; the comment came in an unrecorded, informal phone conversation days after Gray was hurt
Porter testified in his defense that he didn't think Gray was badly hurt, and the defense contended that the investigator misunderstood Porter's comment in the phone conversation.
Officer discretion: Jurors heard conflicting testimony about the responsibilities of police officers, a key issue for the panel when considering whether Porter's actions were legally "reasonable." Prosecutors said officers are trained and duty-bound to act, while the defense countered that situations aren't always clear-cut and officers are allowed wide discretion.
Vagueness of charge: Michael Serota, an attorney who works on criminal code reform, studied cases in which defendants were accused of involuntary manslaughter and depraved-heart murder, the charge faced by Goodson. Serota was surprised by the lack of clarity in court rulings in Maryland.
Judges have called the state's laws "treacherously ambiguous," and "perplexing," Serota wrote in a recent article. In Maryland, he noted, the criminal code doesn't define manslaughter other than to say it's a felony and to outline the penalties.
Serota said unclear laws are problematic for a number of reasons, including that they make the court's work more difficult and complicate the jury's job of determining what's illegal. --by Kalani Gordon 4:53 PM
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Webster
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Dec 17 2015, 04:32 AM
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Wasatch Storyteller & Resident Forum Curmudgeon
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MSN News: Mistrial Underscores Prosecutors' Tough Task In Baltimore Police Trials

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A mistrial on Wednesday in the case of the first of six Baltimore police officers charged in the death of Freddie Gray shows the risk the city prosecutor took in moving aggressively to bring criminal charges, legal experts said.
Gray's April death of injuries sustained while in police custody came at a time of high racial tensions in the United States following police killings of other black men in cities including New York and Ferguson, Missouri, and sparked rioting and arson in the majority black city of 620,000 people.
The trial of Officer William Porter had been intended to lay the groundwork for the prosecutions of other officers involved in Gray's death, plans that have been thrown into disarray by the inability of the jury to reach a verdict.
The mistrial could renew criticism that the state's attorney, Marilyn Mosby, overreached in bringing manslaughter and other serious charges against the officers, only a day after police completed their investigation into the death.
"She didn't go where the evidence led her," said Steven Levin, a former federal prosecutor and now a defense lawyer in Baltimore. "She went where constituents wanted her to go."
Baltimore City Circuit Court Judge Barry Williams has imposed a gag order on all attorneys involved in the case and Mosby's office said it would have no comment on the mistrial.
-Read more: http://www.msn.com/en-us/news/us/mistrial-underscores-prosecutors-tough-task-in-baltimore-police-cases/ar-BBnEgkb
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Webster
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Dec 18 2015, 03:51 AM
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MSN News: What's Next In Freddie Gray Case - Decision On Retrial

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Prosecutors and defense lawyers met with a Baltimore judge on Thursday as the anxious city awaited word on whether a police officer will be retried on charges related to the death of Freddie Gray.
Judge Barry Williams declared a mistrial Wednesday after the jury twice concluded it could not reach a unanimous verdict in the case of Officer William Porter, who was charged with involuntary manslaughter and other offenses. Porter's case is crucial because he was the first of six officers to face trial in the death of Gray, a young black man whose April death prompted sometimes violent "Black Lives Matter" protests.
Prosecutors have not publicly revealed their decision on Porter's case. Rep. Elijah Cummings, D-Md., who represents most of Baltimore, said he was told that the state's attorney intends to retry the 26-year-old African-American officer — and that the other officers will go on trial as scheduled early next year.
“I know that many of my neighbors have been following this trial closely, and many may be disappointed by today’s outcome," Cummings said in a statement calling for calm. "Each of us will continue to struggle with the very raw, very real emotions the death of Mr. Freddie Gray invokes."
Protests after the mistrial was announced were mostly peaceful. Mayor Stephanie Rawlings-Blake told MSNBC's Andrea Mitchell she appreciated the jury's efforts and was grateful that the "vast majority" of residents respected their decision.
"The men and women of the Baltimore Police Department and our regional partners did an amazing job yesterday, and we continue to monitor social media," she said. "We will have the assets that we need in place to respond as necessary" should protests in coming days grow surly.
William "Billy" Murphy, the lawyer for the Gray family, stressed the outcome was not a disappointment for either side in the racially charged case that has shined a sometimes harsh spotlight on the city of more than 600,000.
"This is just a temporary bump on the road to justice," Murphy said during a news conference after the mistrial was announced. "It happens. It's part of how the system works."
Most hung juries are retried, with 70% of going on to eventually result in a conviction, Murphy said.
NAACP President and CEO Cornell William Brooks told USA TODAY he was "very disappointed" in the outcome but added he feels all hope is not lost. The NAACP is based in Baltimore.
"Freddie Gray can't get his life back, but there is an opportunity for a justice do-over, so we're encouraging people to pursue non-violent protest in the wake of a violent death and wait to see what happens," Brooks said.
Gray, 25, was arrested on minor charges April 12 following a foot pursuit involving multiple officers. He was shackled and placed in a van, but officers did not restrain him with a seat belt. After a 45-minute ride that included several stops, Gray was unresponsive when the van finally arrived at the police station and died a week later. An autopsy indicated he died of a severe spinal injury
Porter, charged with manslaughter, assault, misconduct and reckless endangerment, was not involved in the arrest. He was accused of failing to belt Gray into the van and then failing to provide medical assistance when Gray asked for it. Trials for the other five officers — three white, two black — are set for early next year. The driver, Caesar Goodson, faces the most serious charge, second-degree depraved murder, which carries a sentence of up to 30 years in prison.
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Webster
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Jan 7 2016, 02:52 AM
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Legal Insurrection: Freddie Gray Trial - Judge Issues Orders For Subsequent Police Trials

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Numerous pre-trial rulings were made today by Judge Barry Williams, the trial judge overseeing the “Freddie Gray” trials in Baltimore. Most were unsurprising, but one in particular raised eyebrows: Judge Williams ordered that Officer William Porter, whose case just ended in a mistrial and who is scheduled to be retried in June, can be compelled to testify in the trials of the other five officers charged in Freddie Gray’s death.
In particular, Porter will be compelled to testify in the next scheduled “Freddie Gray” trial, that of Officer Caesar Goodson, the driver of the van in which Freddie Gray suffered his traumatic neck injury. Jury selection for the Goodson trial begins next Monday.
Judge Williams’ ruling came in the form of today’s denial of a motion by Porter’s defense counsel to quash a prosecution subpoena for Porter to testify at Goodson’s trial.
Porter took the stand prior to Williams’ ruling, but invoked his and indicated that if called to testify he would invoke his 5th Amendment right against self-incrimination rather than substantively testify.
Although news reports are unclear on the precise legal basis of the ruling, they suggest that the prosecution may have extended use immunity to Porter. This would mean that while they can compel him to testify they would be prohibited from using his own testimony against him at his subsequent trial....
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.... Among additional rulings made by Judge Williams today:
--Jurors will be kept anonymous, but not sequestered, during the Goodson trial. --A defense request, again, to have the case moved out of Baltimore City was denied. --The defense is to be permitted limited access to Gray’s medical and criminal records, although the admissibility of any particular issue would be decided on a case-by-case basis. Certainly the defense will wish to admit evidence that Gray complained of a back injury some months before the van drive in which he would suffer his neck trauma. --A defense request to ban the testimony of medical examiner Dr. Carol Allan was denied. The defense believes that Allan testified beyond her area of expertise in Porter’s mistrial, particularly when she claimed that a key contributor to Gray’s death was the failure to provide prompt medical care. --Prosecutors will be permitted to enter into evidence police policy and general orders regarding the use of seat belts in prisoner transport vehicles. I’m not sure why these were not in evidence in Porter’s trial. I suppose it’s possible they only just found them.
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Webster
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Jan 21 2016, 05:04 AM
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Christian Science Monitor: Officer Won't Testify Against Fellow Officers In Police Trials

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BALTIMORE — A Baltimore judge on Wednesday rejected prosecutors' request to force an officer whose trial ended in a hung jury to testify against three of his fellow officers facing charges in the death of Freddie Gray.
Baltimore Circuit Judge Barry Williams refused the state's motion to force William Porter to testify against Edward Nero, Garrett Miller and Lt. Brian Rice, who were the officers who initially arrested and detained Gray last April.
It was not until this month that prosecutors indicated that they wanted Porter to testify against the three officers. Previously, they identified him as a material witness only in the trials of two other officers, Caesar Goodson and Sgt. Alicia White.
Nero, Miller and Rice face charges stemming mostly from their interactions with Gray at the first two of six stops made by the police van transporting Gray. Porter coincided with the three officers at one of those initial stops, and again with Nero and Miller at a stop the van made toward the end of its journey to the Western District station house, where Gray was found unresponsive.
Gray, a 25-year-old black man from West Baltimore, was arrested April 12. He died a week later from a critical spinal injury he suffered while handcuffed and shackled, but unrestrained, in the back of the police van. Six officers, including Porter, now face criminal charges stemming from his death. Porter was the first to be tried, in December, but his trial ended with a hung jury. He is scheduled to be retried in June.
On the stand during his trial, Porter testified that he did not buckle Gray into a seat belt, but told Goodson, who was driving the van, that Gray wanted to go to a hospital.
Judge Williams ruled in December that Porter must testify against Goodson, despite Porter's own pending retrial. Porter's attorneys appealed to the Maryland Court of Special Appeals, which postponed Goodson's trial until it decides whether to uphold or overturn the order. A hearing is scheduled for March 4.
Williams said he rejected the state's request to compel Porter to testify against Nero, Miller and Rice because it would result in all of the officers' trials being pushed back while the appeals court mulled whatever decision he made. Lawyers for the three officers had objected to pushing back their clients' trials.
Chief Deputy State's Attorney Michael Schatzow told Williams it was an oversight on the state's part not to seek Porter's testimony against all of his fellow officers sooner. "If someone should be blamed for not having sufficient foresight, that should be me," Schatzow said.
Porter's attorney, Joseph Murtha, told Williams the state's motion amounted to "subterfuge and ruse." "They want to take a hostage for five trials and torture him at his own trial," Murtha said, calling the motion "offensive." "The state's efforts to call Officer Porter is trampling upon his ability to have a fair trial," Murtha said.
Williams said he believed the prosecutors' motion was prompted by a desire to buy more time for the other trials, not because Porter's testimony is important to them.
Allowing Porter to testify about the actions of three officers with whom he had little contact on the day of Gray's arrest would be "problematic" due to "concerns this court has over speedy trial rights," Williams said, "and finding the state's request for immunity is a way to get around this court's order."
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Webster
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Feb 19 2016, 04:26 AM
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MSN News: Trials Halted For Baltimore Officers In Freddie Gray Case

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The trials of all the Baltimore officers charged in the death of Freddie Gray have been put on hold by Maryland’s highest court, in a delay that could set back the high-profile cases of alleged police brutality for months.
The six officers facing trials over the death of Gray after a spinal injury in the back of a police van were due in court this winter. But after a jury couldn’t reach a decision in the first case, that of officer William Porter, every other trial has been held up over whether Porter can be compelled to testify in each of these other cases without risking self-incrimination.
Prosecutors have appealed rulings on whether Porter must testify, and the Maryland court of appeals said late Thursday that it would hear all the appeals together on 3 March. After the hearing, the court could take months to issue a written decision.
After the jury in Porter’s case came back deadlocked on all counts and his trial was rescheduled for June, judge Barry Williams ruled that the prosecution could force Porter to testify in the trials of Caesar Goodson, the driver of the van in which Gray allegedly sustained his catastrophic injury, and Sgt Alicia White, Porter’s supervisor that day.
Although Williams granted Porter some immunity in exchange, court-watchers called the ruling an unprecedented move because it called into question Porter’s right not to incriminate himself before his own criminal trial. Prosecutors had argued that allowing Porter not to testify would result in “irreparable harm to the people of Maryland by effectively gutting their government’s prosecution”.
Later, prosecutors sought immunity for the three other officers. But Williams denied the prosecution’s request to force Porter to testify against them because he felt it was a stalling tactic and “subterfuge”.
All of these rulings have now been appealed. And Thursday’s announcement means the cases will go straight to the state’s highest court, while the trials remain on hold.
Neither side is at liberty to comment on the case as a result of a gag order opposed by Williams.
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