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.
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Prosecutors want to compel Porter, another officer charged in Gray’s death, to testify against Goodson and another officer. As a former Baltimore prosecutor, I know the challenges of proving a homicide case based on circumstantial evidence. If convicted, he could face 30 years in prison. The 25-year-old black man died a week after breaking his neck while being transported in a police van last April. “Not Officer Porter”, they wrote.
Alperstein said a decision would affect not only Goodson’s trial but also the trial of Sgt. Alicia White, scheduled for February 8. At some point during the ride, he sustained severe injuries, including a severed spinal cord.
Porter was tried in December on charges of involuntary manslaughter, second-degree assault, misconduct in office and reckless endangerment. Last week, Judge Barry Williams denied Porter’s motion.
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. In other words, the government can make a witness testify about some self-incriminating matter, so long as it also promises not to later use that information against the witness himself. As of this writing, the appellate court has not ruled.
Defense attorneys and prosecutors can’t comment because they are under a gag order. However, one did occur and it raises substantial issues about the prosecution’s possibilities for convictions in Goodson’s case. According to their theory of the case, Goodson is more culpable for Gray’s death than Porter, anyway.
The last minute decision was made after one of the witnesses spent last week in legal wrangling over whether another accused police officer should be forced to testify at the trial. Porter was not offered transaction immunity which would have given him full and complete immunity – thereby dropping the charges against him.
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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. And the state could face an uphill battle without Porter’s testimony. Goodson, unlike the other five officers, did not give a statement. And undoubtedly, Goodson will likely testify in his own behalf.
