The judge overseeing the mistrial of an officer charged in the death of Freddie Gray will meet privately Thursday with prosecutors and defense attorneys to talk about dates for a possible retrial.
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The judge told the prosecution and defense attorneys to appear in administrative court Thursday morning to set a new trial date.
Williams’ ruling prompted protests, with scores of demonstrators marching in downtown Baltimore and gathering in Gray’s West Baltimore neighborhood. Police also reportedly harassed reporters who covered the protests, and arrested a minor named Melvin who participated in the demonstrations.
Mayor Stephanie Rawlings-Blake called for calm on Wednesday in Baltimore, a city of 620,000 that has among the highest murder rates in the United States. “In most cases the retrial is another group of people who know nothing about the case. They listened to the evidence presented, and they rendered a decision”.
“We are confident there will be another trial with a different jury”, said Gray’s stepfather, Richard Shipley. “We must continue to channel our emotions into strong, positive change, so that, as a city, we truly see our young men of color before it is too late”, he said.
Judge Barry Williams declared the mistrial during the third day of deliberations. Instead, they argued that Porter had told the driver to seek medical help for Gray, and had even helped him up in the back of the van when he discovered him lying handcuffed on the floor.
Both are charged with disorderly conduct, failure to obey a law enforcement officer’s command, and disturbing the peace by using a bullhorn outside the courthouse while court was in session.
Baltimore officials had come under heavy criticism for a restrained initial response to the rioting, which some observers contended allowed arson and looting to spiral out of control.
Protesters gather around a CBS television crew outside city hall in Baltimore, December 16, 2015. R …
To convict Porter of reckless endangerment, the jury would have had to decide that Porter acted recklessly, that he “engaged in conduct that created a substantial risk of death or serious physical injury to another” and that “that a reasonable person would not have engaged in that conduct”.
Officer Porter remains suspended without pay from the police department. He suffered a snapped spine while being transported unrestrained in the rear of a Baltimore police van. “How long does it take to click a seat belt and ask for a medic?” He died a week later.
Lawyers in the case have been told by Williams not to talk to reporters about the case.
When Gray finally arrived at the Western District station injured and comatose, Officer Zachary Novak testified that he tried to revive him with a “sternum rub” – a pain stimulus that involves grinding the chest with a fist. “Prosecution of police officers is never easy, but when you look at some of the facts in this case, you’ve got to understand nothing here is a slam dunk”, Harris said.
“The technical, legal term for the prosecution at this point is ‘up a creek, ‘” said CNN legal analyst Jeffrey Toobin. Murphy added that the verdict says nothing about whether a verdict can be reached for other officers, and the family, while disappointed, is not angry.
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Seven jurors were black and five were white.
