Final hearing held before first Freddie Gray trial

By CATHERINE PALMER

News & Features Editor

The fact that Freddie Gray was not secured with a seatbelt while riding in the police van after his arrest on April 12 — in violation of Baltimore Police Department (BPD) policy — will be allowed into evidence in the trial against Officer William Porter.

Porter’s trial, set for Nov. 30, is the first of the trials in the case of Gray’s death last April. The trials of the other BPD officers involved will be held over the next several months.

During the final hearing before Monday’s trial, the defense argued that the evidence should not be admissible in court because the BPD policy requiring arrestees to be buckled only went into effect a few days before Gray’s arrest. Judge Barry Williams, however, denied the motion at Tuesday’s hearing.

Williams also swiftly rejected another defense motion to have the trial moved out of Baltimore. According to The New York Times, the defense cited a study that had found Baltimoreans are more likely than other Maryland residents to have a negative opinion of the police. Williams said he would not deny Baltimore residents their right to serve on the jury based on a single study.

However, William did agree to give both the prosecution and the defense four chances to dismiss potential jurors. The defense originally asked for ten.

Williams denied a defense motion to have the jurors sequestered but said they will be allowed to remain anonymous due to the heightened media coverage the trial is likely to garner.

With regard to Porter himself, Williams rejected the prosecution’s motion to limit the number of character witnesses the defense can call to testify on Porter’s behalf. He ruled that the defense may use up to 25 witnesses.

The defense wrote in a court filing last week that Porter plans take the stand in his own defense.

Williams also ruled to allow the jury to see two cellphones videos of Gray’s arrest shot by civilians: one showing Gray’s arrest and one showing him being placed in leg irons during the police van’s second stop en route to the Western District police station, from which he was transported by medics to a local hospital. Williams said jurors will be allowed to inspect the van.

According to prosecutors, Porter was not directly involved in Gray’s arrest but was present at several of the van’s stops after the driver, Officer Caesar Goodson, Jr., called for backup. The prosecution says that Porter lifted Gray off the floor of the van and put him back in his seat after seeing he could not breathe; however, he did not call for medical assistance.

Porter is charged with involuntary manslaughter, assault in the second degree and misconduct in office. He has pleaded not guilty to all charges.

Porter will be the first officer tried because he is set to be called as a witness in later trials against Sergeant Alicia White and Goodson.

According to The Baltimore Sun, Porter told investigators that he informed both Goodson and White that Gray needed medical care. However, Porter said he was unsure at the time if Gray was actually injured or feigning injury to avoid charges. White denies that she was told that Gray needed medical attention.

Additionally, Porter said he told Goodson that Gray would not be booked until he had received medical attention, raising the question of why Gray was transported to the police station before going to the hospital.

White is charged with involuntary manslaughter, second-degree assault and misconduct in office. She is set to be tried on Jan. 25.

Goodson is charged with second-degree depraved-heart murder as well as manslaughter, second-degree assault, two counts of vehicular manslaughter and misconduct in office. He will be tried Jan. 6.

Officers Garrett Miller and Edward Nero are charged with second-degree assault and misconduct in office and will be tried Feb. 9 and Feb. 22, respectively.

Lieutenant Brian Rice is charged with involuntary manslaughter, second-degree assault and misconduct in office. He will be tried March 9.

Gray, 25, died from a severe spinal cord injury on April 19, one week after his arrest. His death sparked over a week of both peaceful and violent protesting.