Freddie Gray: First Officer’s Case Ends in Mistrial
Two people were arrested in Baltimore during protests on Wednesday following the announcement of a mistrial for police officer William Porter, who was charged in connection with Freddie Gray’s death.
“This mistrial has increased the burden on the state to prove beyond a reasonable doubt for the next case”, Neverdon continued.
Judge Barry Williams has barred prosecutors and defense attorneys from publicly discussing the case. I also expect that the other officers’ trials will be delayed until Porter’s second trial is completed.
The case’s complexity stands in contrast to other recent instances in which officers have been criminally charged for killing suspects, including in Chicago where an officer was charged with murder for shooting a black teenager 16 times in an incident caught on video. Gray’s neck was broken in the back of a police transport van in April. Large numbers of police have been stationed around Baltimore over the past few days.
But jurors couldn’t decide whether Porter’s failures amounted to a crime – an outcome legal analysts say isn’t surprising given the difficulty of proving a case with no eyewitnesses or unequivocal evidence as to exactly how or when Gray was critically injured.
Another group of protesters called police officers racist, chanting, “No justice, no peace” and, “All night, all day, we will fight for Freddie Gray”. Two demonstrators were arrested outside the courthouse.
“I just wanted to get through this first trial, of six, in a way that sets a tone for the rest”, he said, referencing the five other officers that face charges in the Gray case. She says people understand the right to protest, but they also respect “the sanctity of our communities and the value of our communities”.
Bill Murphy, an attorney for Gray’s family, gave a similar assessment to reporters.
The first decision Baltimore City State’s Attorney Marilyn Mosby faces is whether to retry Porter. “I urge everyone to remember that collectively, our reaction needs to be one of respect for our neighborhoods, and for the residents and businesses of our city”, she said”.
The Freddie Gray trials have an added historical significance in the context of America’s ongoing debate over police use of force. Porter was charged with manslaughter, assault, misconduct in office and reckless endangerment, which carry a maximum sentence totaling 25 years.
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DSS: While rare, mistrials occur in our legal system and state prosecutors usually win. The driver, Officer Caesar Goodson, is scheduled for trial on January 6. Prosecutors said they won’t retry the white officer for voluntary manslaughter in the September 2013 shooting death of Jonathan Ferrell, who was unarmed. “If it’s eleven to one for not guilty, they ought to think about not trying it again”. A judge yesterday declared a mistrial in the case of Officer William Porter.
It is now up to prosecutors whether Porter should be retried with another jury at a later date.
Rescheduling Porter’s trial could push back the trials of the five other officers.
Prosecutors argued that Porter was criminally negligent for ignoring his department’s policy requiring officers to seat belt prisoners, and for not calling an ambulance immediately after Gray indicated he needed medical help.
The situation delays closure for an anxious city, and is unfortunate for both sides, said Steve Levin, a Baltimore defense attorney and former federal prosecutor.