A Baltimore police officer charged in the Freddie Gray case has chosen a trial before a judge rather than a jury. He was one of three bicycle officers involved in Gray’s arrest on April 12, 2015. Gray was not secured by a seatbelt in the police van and an autopsy showed he died from a neck injury incurred during transport.
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Williams, who will now be the sole decider of Nero’s guilt or innocence, said arguments in the case could conclude as early as next week – setting the stage for the first verdict in the closely watched proceedings.
The trial of Officer William G. Porter-the first trial out of charges in the Gray case- ended in December.
In the pretrial motions Tuesday morning, the crewcut Nero, wearing a dark blue suit, starched white shirt and patterned blue tie, opted for the bench trial.
The judge on Tuesday also ruled that any mention of the knife in Gray’s pocket will be prohibited during trial.
If granted, the Nero trial will begin Thursday instead. On the other hand, Marc Zayon and the rest of Nero’s defense team will argue that their client was justified to stop Gray in a high-crime area, particularly due to his decision to run and the fact that he possessed a knife.
Prosecutors and defense attorneys will argue over whether Nero illegally arrested Gray and whether Nero’s actions amounted to an assault. Nero is one of the officers who arrested Freddie Gray.
While Nero, charged with second-degree assault, two counts of misconduct in office and reckless endangerment, doesn’t face the gravest charges of the six officers charged, many members of the public see him and others who arrested Gray as most culpable.
“Given the fact and circumstances, the law that needs to be applied, I believe that if it were in fact a bench trial that is a reasonable and logical decision to make”, Alperstein said.
The trials for the officers have been on hold for about five months while attorneys argued about whether the officers should be forced to testify at one another’s trials.
In another motion, Judge Williams denied a request by the defense to block from the trial several videos of Gray’s arrest recorded by residents.
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At Porter’s trial, Porter told the jury that he told his supervisors to take Gray to the hospital as soon as he said he needed medical aid. The Sun has previously reported that Williams asked the jury in Porter’s case not to talk to the media. Defense attorneys have not objected, but Judge Williams has not formally granted a delay.
