Porter was one of six officers charged in connection with the death, which occurred a week after Gray, 25, suffered a spinal injury while in police custody on April 12.
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Porter’s trial, which ended last week with a hung jury, was scheduled first because the prosecution expected to use Porter as a material witness against other officers, including officer Caesar Goodson, the driver of the van in which Gray sustained his fatal spinal injury injury, and Sergeant Alicia White, Porter’s commanding officer that day.
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During Porter’s first trial, prosecutors claimed Porter was criminally negligent for ignoring a policy requiring officers to strap prisoners in with a seat belt and for not calling an ambulance immediately after Gray indicated he needed medical aid.
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Gray died one week after being taken into police custody. “If the prosecution is allowing Porter to be the last to be tried and they want his testimony, then there had to be an offer [of immunity]”.
Ruther said it is not impossible for prosecutors to get Porter on the stand, but they will have to find a “novel and cutting edge application of the Fifth Amendment” in lieu of dropping his charges.
Gray was arrested after fleeing from police.
“That means prosecutors face an uphill battle to introduce Porter’s statements to investigators or his testimony on the witness stand from his own trial, and will have to give heavy consideration to granting Porter immunity, legal experts said”. All have pleaded not guilty. The sole objective of the hearing is to have the new trial date read in to the record. “Because his right against self-incrimination is not that he can’t incriminate others”, she said. Porter “just didn’t care enough”, she said. For example, Porter said Goodson called him for help checking on Gray, but said they did not discuss Gray’s condition.
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Sketches from the Freddie Gray mistrial for Baltimore officer William Porter.
