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Attorneys Huddle With Judge After Mistrial in Porter Case
His lawyers have said that Porter acted as any reasonable officer would have.
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As the decision was announced a handful of protesters gathered outside the courthouse.
Porter was charged with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct in office.
Prisoners were never secured with seat belts during field training, and though cadets were instructed to secure prisoners with seat belts, they were not shown how, Porter said.
The primary trial within the demise of Freddie Grey led to a mistrial Wednesday, with jurors saying they could not decide whether or not a Baltimore police was criminally answerable for the person’s dying. One professor said prosecutors could offer Porter a plea deal in exchange for testimony against the other officers charged in the case, the Baltimore Sun reported.
Goodson’s trial is scheduled to begin on January 6 and White’s on January 25, so prosecutors could try to delay them until after Porter’s retrial, but that move would probably stir opposition from attorneys for Goodson and White. The charges against the other officers range from second-degree murder for the van’s driver, to misconduct.
Malzberg explained to convict Porter because he didn’t buckle Gray with a seatbelt is “a stretch under nearly any circumstances for a jury to send this guy to prison for all those years because he didn’t buckle his seatbelt”. A uniformed deputy was stationed outside.
Murphy maintained a future jury will likely side with Freddie Gray’s family, and brought up Van Susteren’s law experience to coax her to agree. The prosecution could ask to put Porter back on the stand anyway as a witness, even if his own legal case is in limbo – though Hostin noted “they can’t force him to testify against these other officers”. But because Porter’s attorneys maintained that he was trying to help Gray, the question of intent came down to the prosecution’s word against Porters. Forensic experts for both the prosecution and defense said they were confident Gray’s neck was broken later inside the van.
“All of us, if we believe in justice, must have respect for the outcome of the judicial process”, Ms Rawlings-Blake told reporters, warning that police would not hesitate to clamp down on violent demonstrators. Although the situation in the city did not escalate anywhere near to the extreme level as that of the months following his death, there was still a fair amount of protesting.
“The men and women of the Baltimore Police Department and our regional partners did an fantastic job yesterday, and we continue to monitor social media”, she said.
“If there is a mistrial as a result of the jurors’ inability to reach a unanimous decision, then Officer Porter would retain that Fifth Amendment right to refuse to testify”, said Warren S. Alperstein, a defense lawyer and a former prosecutor here.
The hung jury in the Porter case, however, has made the upcoming court cases trickier.
“In the case of any disturbance in the city, we are prepared to respond”. The jurors said they were at an impasse on every charge.
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With the streets of Baltimore – which is about an hour from the capital Washington – tense, Police Commissioner Kevin Davis warned that protests must be kept peaceful. “It’s not the last time we’ll talk about it. And I think we just have to be consistent, measured and thoughtful as we go forward”.