Officer asks court to block forced testimony in Gray case

Porter’s attorneys had said he would invoke his Fifth Amendment right, but the ruling means he risks being held in contempt if he does so.

Trial dates have been pushed back for two officers facing charges stemming from Freddie Gray’s death.

When jurors said they could not reach a verdict in the case of Porter, the first to be tried, the judge declared a mistrial on December 16; Porter’s new trial will start June 13. But Williams warned that keeping Porter’s accounts separate could be hard.

Prosecutors contended Porter lied about Gray’s condition when he saw him in the back of the police van. Prosecutors had offered Porter immunity for his testimony, but defense lawyers noted that prosecutors had accused him of lying on the witness stand at his trial and could be laying the groundwork for a perjury charge.

“I will note if Mr. Porter testifies at a trial that’s not his, once you’ve heard something, how will you put that out of your mind when you cross-examine him?”

Michael Schatzow, left, Chief Deputy State’s Attorney and Janice Bledsoe, Deputy State’s Attorney of Criminal Intelligence, arrive at Courthouse East on Wednesday, Jan. 6, 2016, in Baltimore. The bell can not be unrung, and Porter will be unable to challenge it later. “I do not think it is black letter law, but I have a feeling they will probably come down on the side of Judge Williams on this, on this issue”.

The legal maneuver is called testimonial immunity and while that is not a novel idea, compelling someone to testify who is also still a defendant has never been done before.

Porter’s attorney, Gary Proctor, said he plans to ask an appeals court to overturn the ruling before Monday, when Goodson’s trial is scheduled to begin.

Sgt. Alicia White’s trial will be February 8, and Officer Garrett Miller’s will be March 7, pending administrative approval Friday. “It might open some doors here that might severely impact the right of people to get a fair trial in multi-defendant cases”. However, Williams also acknowledged that his ruling was unprecedented.

Longtime Baltimore defense attorney Warren Brown, who is not involved in the Gray case, said Williams’ decision is extraordinary.

“This has never happened in the state of Maryland”.

A three-judge panel will review the request and make a decision or call a hearing, according to Maryland judiciary spokeswoman Terri Charles.

Porter’s attorneys have argued the immunity provided to Porter for him to testify in Goodson’s case will not protect Porter in several important ways, including that his testimony still could be used against him in a later federal case.

“Otherwise, any time you had co-defendants, they’d all gang up together and say, ‘Everybody keep quiet”.