Reuters reports the trial against 46-year-old Caesar Goodson Jr. was delayed by the Court of Special Appeals in Annapolis, pending the decision on whether another Baltimore officer should have to testify in the case.
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The order, signed by Chief Judge Peter Krauser, said the Goodson trial “is stayed pending a resolution” of an appeal from attorneys for the prosecution’s material witness, Officer William Porter.
A spokeswoman for Maryland’s court system said motions would have to be filed in Goodson’s case and oral arguments held before the appeals court could rule on whether Porter will testify.
Goodson faces the most severe charges among the accused, including a second-degree “depraved heart” murder charge, reserved for killings with an extreme disregard for human life. In either instance Porter’s criminal liability would have been finally adjudicated (except, arguably, for prospective federal charges).
Six officers were indicted on a variety of charges in relation to Gray’s death.
After that case ended in a mistrial, Porter is scheduled to be tried again later this year. Williams said that was a moot point considering the outcome of the Court of Special Appeals ruling on Porter’s testimony.
He faces the most serious charge of the six officers charged – second-degree murder, which carries a maximum sentence of 30 years in prison. The injuries and death of Gray led to extended protests in the city.
Ahlers said the Court of Special Appeals could rule within 10 days, but either side could seek an opinion from the state’s highest court, the Court of Appeals, further delaying Goodson’s trial.
Officers Edward M. Nero and Garrett E. Miller are charged with second-degree assault, and misconduct in office.
The stay concerns the question of whether another of the charged officers, William Porter, can be compelled to testify in Goodson’s trial. But Goodson’s account of what happened on that day remains a mystery. Goodson, they say, bears the most responsibility because as the wagon driver, Gray was technically in his custody. This is in contradiction to both Goodson’s and Porter’s legal counsel, however, who objected to a separate motion by state prosecutors for a continuance on his client’s trial. He attributed Gray’s death to the fact that he did not secure his seatbelt.
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Whether Goodson takes the stand could depend on if Porter is called as a witness, and is compelled to testify. While a conviction is not guaranteed with Porter’s testimony, I don’t see any way the state can obtain a conviction without Porter’s testimony.
