State Asks Judge to Dismiss Baltimore Officer's Appeal In Freddie Gray Case

BALTIMORE, MD — A Maryland appellate court should dismiss a Baltimore policeman’s request not to testify in the trial of another officer charged in the death of Freddie Gray, the state’s attorney said in a court filing submitted Friday in conjunction with the Maryland attorney general.

Preventing Officer William Porter from testifying “irreparably harms the government’s ability to prosecute” Officer Caesar Goodson, according to the state.

Porter needs to show why an injunction should be granted, and he has not, argues the state.

Related: Judge Stays Order for Officer to Testify in Gray Case

The attorney for Porter filed a request in the Maryland court Thursday asking for an injunction after a Baltimore City Circuit Court judge ordered him Wednesday to testify in Goodson’s trial.

Prosecutors reportedly told Porter he may be called as a witness as soon as Thursday, Jan. 14. or Friday, Jan. 15.

The Court of Special Appeals for Maryland on Friday stayed the order requiring Porter to testify.

The state argued Porter should have submitted his request first to a lower court by matter of procedure.

Both Porter and Goodson are charged in the death of Gray, a 25-year-old Baltimore man who died in police custody on April 19, 2015. 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 the following six officers involved in Gray’s detainment: Officer William Porter, Officer Caesar Goodson, Sgt. Alicia White, Officer Garrett Miller, Officer Edward Nero and Lt. Brian Rice.

The first to be tried was Porter, whose case ended in a mistrial last month. Goodson’s trial is next.

Jury selection in Goodson’s trial is to begin Monday, Jan. 11.

Read Porter’s appeal and the state’s response regarding whether he should have to testify.