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Mistrial underscores prosecutors’ tough task in Baltimore police cases
Baltimore City Councilman Nick Mosby said, according to the Baltimore Sun: “Today, a jury made up of Baltimore City residents were unable to reach a verdict regarding Officer Porter’s involvement in the death of Freddie Gray”.
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The jury deliberated the case for three days before coming to the conclusion they were hopelessly deadlocked and would not be able to reach an unanimous verdict.
About 30 protesters chanting “send those killer cops to jail” outside the court changed gear after the mistrial was announced, chanting “No justice, no peace!” and “Black lives matter”. During the trial, prosecutors and defense attorneys battled over issues ranging from the time of Freddie Gray’s injury to officer discretion in following Baltimore Police Department policies.
It is unclear whether the situation surrounding the mistrial will affect the schedules of the other trials.
“This is our American system of justice”. One is whether to put Porter on trial again, which prosecutors sometimes are reluctant to do because the defense has had access to the whole case, CNN legal analyst Sunny Hostin said.
The hung jury followed three days of deliberations.
Gray’s stepfather said at a news conference Wednesday that the family isn’t upset by the mistrial, and looked forward to 12 fresh jurors being given a new chance to evaluate the case. “You have clearly been diligent”.
“Protesters who are lawfully assembled have a friend in the Baltimore Police Department”. “Twelve Baltimore City residents answered the solemn call to serve”.
David Felsen, a Maryland defense lawyer based in Rockville, said one advantage for the defense is that jurors in a second trial – particularly in a high-profile case such as this – will know the first effort ended in a mistrial.
“No one wanted to be caught flat-footed should anything occur”, Mr. Canales said.
Prosecutors said such testimony reflects a “culture of silence” in which police protect their own, but that argument could have backfired.
When the officer indictments came down, people were out celebrating in the streets of Baltimore. Police Commissioner Kevin Davis said he expects results next year. Seven jurors are black and five are white.
“People are on edge because they want a conviction and they want someone to pay for Freddie’s death”, Ms. Hill-Aston told WBAL-TV.
The downtown march and protests remained peaceful, breaking up after about an hour.
“I have it on good authority, that the case will be retried…justice is about a process”.
But, he said, the hung jury was a loss for prosecutors and Mosby might have to rethink her strategy in the future trials of the officers involved in Gray’s death.
Porter was also charged with second-degree assault, reckless endangerment and misconduct in office.
The case against him hinged not on what he did, but on what prosecutors said he didn’t do during Gray’s 45-minute ride in the back of the police van.
Porter, who like Gray is black, was charged for neglecting to seat-belt him in the transport van and failing get Gray medical help when he asked for it.
Porter also said he didn’t buckle Gray in because it wasn’t his responsibility; the wagon driver is in charge of making sure the prisoner is strapped in while the van is moving. The driver, Officer Caesar Goodson, will be tried on January 6.
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“I thought they would find him guilty on some of the charges at least”.