Porter will not be retried until June for his alleged role in the death of Freddie Gray, likely creating a problem for prosecutors who had hoped to call him as a witness at the upcoming trial of another officer charged in the case. Porter was said by the prosecution to have failed to take the appropriate measures to maintain Gray’s health during his arrest, and Porter now faces charges for manslaughter, assault, reckless endangerment and misconduct in office.
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Porter’s new trial date was selected Monday at a scheduling conference held in the chambers of Judge Barry Williams, who presided over Porter’s first trial.
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Prosecutors say he checked on Gray several times, but ignored his cries for help in the back of a police van.
The court date for Officer Caesar Goodson, who was the second of six officers to stand trial, will remain January 6, 2016, and has not changed as a result of the mistrial in Porter’s case, officials said. Williams declared a mistrial last Wednesday.
Gray’s death on April 19 reignited already searing discontent over police tactics following a series of high profile cases of unarmed black men killed by police. All have pleaded not guilty. While his feet and hands were shackled, authorities broke protocol by not attaching Gray’s seatbelt, a decision which prosecutors say led to a high-impact spinal injury causing his death. “Because his right against self-incrimination is not that he can’t incriminate others”, she said.
Porter’s second trial is scheduled to begin June 13, NBC News reports. Porter also testified that he informed his superior officer, White, that Gray needed to go to the hospital, thus fulfilling his responsibility.
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“In some sense, they may have some political cover to give Officer Porter immunity”, Jaros said.
