Officer Ordered to Testify Against Colleague in Freddie Gray Murder Trial

BALTIMORE, MD — Judge Barry Williams ruled that Officer William Porter, whose case ended in a mistrial last month, will be ordered to testify in the upcoming trial of Officer Caesar Goodson in the death of Freddie Gray.

Goodson drove the police van containing Gray, a 25-year-old Baltimore man who died in police custody.

Of six officers charged in Gray’s death, Goodson faces the most serious charge: second-degree depraved-heart murder. He’s also charged with manslaughter, second-degree assault, vehicular manslaughter, criminally negligent manslaughter, misconduct in office and reckless endangerment.

Jurors deadlocked when it came to reaching a verdict on charges of manslaughter and other offenses for the first officer tried in the case—Porter—and although prosecutors at the time called him a “liar” for testimony he provided in his own defense, they subpoenaed him as a witness in the case against Goodson.

Porter reportedly said he would exercise his Fifth Amendment right on Wednesday when called to the stand.

The judge said he could order Porter to testify without violating his rights because prosecutors have offered Porter immunity—in his new trial, scheduled for June—if he testifies against Officer Goodson, according to WBAL.

Porter’s attorney advised the court he would be filing an appeal immediately, WBAL reported.

The ruling put Judge Williams in what he described as “uncharted territory,” since prosecutors may not use any of Officer Porter’s testimony in his own case, The Baltimore Sun reported.

Porter will head to trial again on June 13.

Porter and Goodson are among six Baltimore Police charged for their alleged roles in the death of Gray, who was arrested, then hospitalized following a 44-minute ride in a police van around west Baltimore. He died a week later, on April 19, 2015.

After Gray’s funeral in late April, riots erupted in parts of Baltimore City, drawing the National Guard to help quell the unrest. Within days, State’s Attorney Marilyn Mosby announced charges against six officers involved in Gray’s detainment.

During the detainment of Gray on April 12, 2015, police said Officer Porter responded to a call to check on Gray’s well-being, and Officer Goodson, who had been driving the police van, was the one calling for help.

Prosecutors alleged during Porter’s trial that Gray experienced a fatal spinal injury on his ride in the police van, and they have since subpoenaed Porter to testify against his fellow officers, which was what the judge ruled on in court Wednesday,

Williams also ruled the trial for Goodson will remain in Baltimore with jurors anonymous but not sequestered and the police van will be available for their inspection, according to The Baltimore Sun. The rulings are consistent with those Williams made during the previous trial.

Jury selection for the trial of Officer Goodson will begin on Monday, Jan. 11.

• Jury Hung on Officer’s Role in Freddie Gray’s Death
• Gray Family to Receive $6.4M in Wrongful Death Settlement
• Man Dies Week After Mysterious Baltimore City Arrest

First Officer’s Case Ended in Mistrial

Officer William Porter was the first of the six Baltimore Police officers to stand trial in Gray’s death.

On the third day of deliberations, jurors informed the judge they could not reach a verdict.

Judge Williams declared a mistrial on Dec. 16, and Porter will head to trial again on June 13, 2016.

In court Wednesday, responding to the idea that Officer Goodson could not have a fair trial in Baltimore because of the mistrial, Williams said: “I still have faith in the system,” ABC 2 News reported.

The judge indicated an officer can have a fair trial in Baltimore because a jury was able to be seated in the first case.