A Baltimore judge will hear motions Wednesday from prosecutors who want to force an officer to testify against four other officers charged in the police custody death of Freddie Gray.
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The ruling comes after Williams made what many people called the unprecedented decision last week to compel Porter’s testimony in the trial of another officer facing the most severe charges, Officer Caesar Goodson.
Prosecutors asked Williams to allow Porter’s retrial to go first, noting that Porter’s objections to testifying would then become moot if he is no longer facing prosecution.
A total of six Baltimore police officers were charged in the April 2015 death of Freddie Gray, who suffered a fatal spinal injury after being shackled without a seat belt in a police van.
Goodson was with Gray for throughout his 45-minute trip from the site of his arrest to the Western District police station, where Gray arrived critically injured and unresponsive. Goodson’s trial was already postponed by a stay from the higher court.
Wednesday’s hearing confirmed that the other three trials would continue as scheduled so that jury selection in the case against Officer Edward Nero will begin 22 February, followed by that of Garrett Miller on 7 March. Previously, they identified him as a material witness only in the trials of two other officers, Caesar Goodson and Sgt. Alicia White.
Porter’s attorneys claim that forcing their client to testify, even under a limited immunity that would prevent his statements from being used against him in his own case, would violate his Fifth Amendment rights.
The hearing was the first time that Sgt White, Lt Rice, and officers Nero and Miller have been before the judge with their lawyers.
Chief Deputy State’s Attorney Michael Schatzow told Williams it was an oversight on the state’s part not to seek Porter’s testimony against all of his fellow officers sooner.
Granting the state’s motion to compel Porter to the stand in their trials, they said, “would in essence reward the State for its tactical inadequacies and utter disrespect for the Defendants’ constitutional rights”.
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When jurors could not reach a verdict, Judge Williams declared a mistrial on December 16, and Porter will head to trial again on June 13, 2016.
