There’s no timetable for the next steps in the trial of a police van driver accused of killing Freddie Gray in Baltimore.
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Williams said the prosecution had also asked for a continuance, but that the request was “moot” given the appeals court stay.
In the Court of Special Appeals order signed Monday morning, Chief Judge Peter B. Krauser wrote that it was “presumably in the interests of all parties” that Porter’s appeal be resolved before the trial got underway. His case will begin with jury selection Monday.
An appeals court temporarily halted the decision to force Porter to testify until it can reach a final ruling.
At 46, Goodson, who joined Baltimore Police in 1999, is the oldest among the six officers charged in Freddie Gray’s death. It is unclear how the postponement of Goodson’s trial may impact the scheduling in the trials of the other officers.
Porter was the first of six officers to go on trial in connection to Gray’s death, but his case ended in a mistrial last month after the jury could not render a verdict.
Last week, Judge Barry Williams ordered Porter to testify in the trials of Goodson and Sgt. Alicia White, under limited immunity granted by prosecutors.
The Court of Special Appeals blocked Williams’ order to give prosecutors time to respond. Gray suffered a severe spine injury and died a week later.
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Goodson is facing the most serious charges among the officers charged in Gray’s death: second-degree depraved heart murder, manslaughter, second-degree assault, two counts of vehicular manslaughter, reckless endangerment and misconduct in office.
Prosecutors argue Goodson should be held accountable for Gray’s fatal injuries because he and other officers failed to strap him in and did not call an ambulance when Gray indicated he needed medical assistance.
Still, legal experts say the prosecutors face a heavy burden, especially without Porter’s testimony. Goodson, they say, bears the most responsibility because as the wagon driver, Gray was technically in his custody. But Porter’s lawyer, Gary Proctor, argued to the appellate court that because prosecutors repeatedly called Porter a liar during his trial, he could be open to perjury charges depending on his testimony in Goodson’s trial. The witness is Neill Franklin, a former Baltimore police officer and Maryland state trooper.
The state said it also plans to make Porter testify against White.
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In granting the motion to compel Porter to testify, Judge Williams warned prosecutors that they were headed down a tricky path if they intend to retry Porter.
