Officer Must Testify in Gray Case: Court of Appeals

Officer William Porter will have to testify in the trials of five fellow members of the Baltimore Police Department in connection with the death of Freddie Gray.

The Maryland Court of Appeals has been considering arguments from both sides—the state's attorney saying Porter was a witness in the case and Porter's lawyer arguing he is facing his own trial and may exercise his Fifth Amendment right.

Porter was the first of six officers charged in Gray's death to go to trial, and when the jury could not reach consensus, the judge declared a mistrial in December. Porter’s new trial date is set for June.

The other trials were stayed pending a ruling on whether Porter could be compelled to testify.

The Maryland Court of Appeals issued several orders Tuesday, one stating Porter would have to testify in the trials of three officers and another upholding the ruling by a Baltimore judge that he would also have to testify in two others.

The order said that the stay was lifted on the pending trials. New dates have not yet been announced.

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Six Baltimore Police officers are charged in the death of Gray, a 25-year-old who was arrested in April 2015 and died a week later in police custody. After Gray’s funeral in late April, riots erupted in parts of Baltimore, requiring the National Guard to help quell the unrest.

Days later, State’s Attorney Marilyn Mosby announced charges against six officers. In addition to Porter, Officer Caesar Goodson, Sgt. Alicia White, Officer Garrett Miller, Officer Edward Nero and Lt. Brian Rice face trial for various charges ranging from misconduct to murder.

The state has granted Porter immunity for his testimony in the trials of the other officers, meaning that what he says cannot be used against him, according to The Baltimore Sun, which reported it is uncertain whether Porter's lawyers will take the appeal to the U.S. Supreme Court.