Prosecutors must decide next move in Baltimore cop trial
The prosecutors will have to try again-we’ll have to see if this time they are successful. Jurors were dismissed for the day at 5:30 p.m. and told to return on Wednesday.
After a mistrial was declared in the first trial over Freddie Gray’s death, lawyers on both sides gathered in the judge chambers, where they had been scheduled to discuss dates for a possible retrial. The investigation also found Gray was sitting on the floor of the police wagon, and Porter moved him to the wagon’s bench, but he failed to strap him in. All six maintain their innocence in connection with Gray’s death.
On Monday afternoon, jurors – three black men, four black women, three white women and two white men – began deliberations and immediately asked for the definitions of “evil motive”, “bad faith” and “not honestly”.
We’re a long way from this being over, and the attitude on the streets might change markedly if we get to the end of six trials with no convictions.
Though the prosecution tried to undermine Porter’s credibility, one of their own witnesses may have seriously harmed their case.
Now, though, everything is up in the air.
It took Judge Barry Williams less than two days to empanel a jury for Officer Porter’s trial.
“So far, we have no new trial date, that’s the news”, the state courts spokeswoman said. She said additional conferences may be held in the coming days. But the defense called Baltimore Police Captain Justin Reynolds, who testified that Porter “went beyond what he could have done and kept within (department) policy”.
Bill Murphy, an attorney for Gray’s family, gave a similar assessment to reporters.
“I’m just angry that the defense would say, nobody follows the rule and because they don’t follow the rule this officer did not have to follow the rule either even though it resulted in the death of a citizen”, Stokes said. A unanimous verdict, they told Williams, was impossible.
Asked for his response to a mistrial being declared, Davis said it was “part of the process”. “We are calm. You should be calm, too”.
The police union said Porter and his attorneys will continue to press for his acquittal.
In a statement, the Baltimore Fraternal Order of Police said the mistrial was “obviously frustrating for everyone involved”. But those who spoke to the media frequently displayed an intricate knowledge of Mr. Porter’s case and an understanding of what a mistrial means. “And so, to have Porter’s testimony available for that case, it’s crucial”.
Prosecutors now have major strategic decisions to make.
“The technical, legal term for the prosecution at this point is ‘up a creek, ‘” said CNN legal analyst Jeffrey Toobin.
“The prosecution here is in serious trouble”, Toobin said.
Williams on Wednesday declared a mistrial in police Officer William Porter’s case. “It’s not”, he told reporters. During the near 45 minute wait the feeling of anticipation spread through the packed courtroom as Baltimore City State’s Attorney Marilyn Mosby arrived.
But while protesters were angry, Freddy Gray’s family urged calm. Nonetheless, the experience of the last few weeks offers us three lessons about the city and about how these cases might go forward.
Gray died April 19, a week after his neck was broken in the back of a police van.
Prosecutors argued Porter ignored Gray’s pleas for help.
Warren Brown, a Baltimore defense lawyer who was in the courtroom, said he was not surprised by Wednesday’s decision. If convicted on all charges, the maximum penalty he faces is about 25 years.