BALTIMORE (AP) — A Baltimore judge ruled Wednesday that a police officer facing charges related to the death of Freddie Gray must testify against a fellow officer, an unprecedented move that means the officer could face jail time if he refuses.
Baltimore Circuit Judge Barry Williams ruled that William Porter, whose trial ended in a mistrial last month, can be compelled to take the stand in the trial of wagon driver Caesar Goodson. Goodson is facing the most serious charge of the six officers charged in the case: second-degree murder, in addition to manslaughter, assault, misconduct in office and reckless endangerment.
The ruling could have sweeping ramifications. While its immediate impact on other cases is unclear, the judge warned prosecutors that calling Porter as a witness against Goodson could make it more difficult to put Porter on trial again.
In a September letter to the court, prosecutors indicated they intended to call Porter as a witness against both Goodson and another officer, Sgt. Alicia White, arguing that his testimony is crucial. But Porter’s attorneys had said in court documents he planned to invoke his Fifth Amendment right against self-incrimination if called to the stand. Now, Porter is no longer able to do so; if he does, he can be held in contempt of court and potentially jailed.
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10 comments:
yep cant use the 5th unless its a government cover up
Not to worry. The Baltimore Innocent 6 have God on their side. God will again send honest good people to the jury to find them not guilty or hang the jury. The evil wicked putrid people who want these officers heads have the devil in them and they will not prevail. Good always wins.
If the prosecution told this Judge a turd was gold, he would make the turd into a watchband. When the judge asked ASA Schatzow ” Why does it have to be me?, says it all, he is a lapdog. They could care less about Porters retrial. The prosecution is showing they are willing to deconstruct other cases to win this one. Schatzow mentioning that Freddie was up and banging around at second stop gives the three arresting officers great ammunition for their trial.
Sad, but this trial is an agenda, not the faithful application of law. “Limited Use Immunity” before the same judge and prosecutor is a dangerous concept. What it means is prior inconsistent statements can be brought in in Porter’s retrial for impeachment. I have no doubt the judge — following that general principle, would allow the “Limited Use Immunity” testimony in.
Porter's counsel has no choice at this point in time but to urge him to plead the Fifth Amendment and face contempt. There's value in that for prosecution in that the sight of Porter taking the Fifth on the stand will make the other officers look guilty.
I can not imagine the position Officer Porter's counsel are in right now because I can not imagine any scenarios in which I'd be comfortable with him testifying in 5 separate trials. The danger is even if completely honest it's almost inevitable that he will eventually issue some statement inconsistent with prior testimony. Humans are not perfect recording machines. These prosecutors would be quite fond of any opportunity for a perjury charge.
Gary Proctor, one of Porter's attorneys did ask the judge to sign the order yesterday so he could get it to the court of special appeals in Annapolis first thing this morning. It seeks an injunction to keep Porter from testifying until an emergency appeal has been heard. Let's see what happens there.
Wow, powerful and faithful post 1:08pm...
Right right right 1:26. They could care less about a retrial knowing it's futile but are now looking to slap a perjury charge on him. They've got to have him found guilty of something anything at any and all costs.
why don't all you cops running your mouths on here stand down. you are not doing yourselves any favors by confirming what we see in the news every single day.
Does this include no prosecution from the Feds whom are investigating this case? If not this is a bogus ruling on immunity.
6:09 which isn't whats happening on here at all.
Concerned Retiree No it's only immunity from state court and not from any fed charges that may be forthcoming. Keep in mind Porter's not getting immunity from prosecutor but use immunity which means whatever he says as a witness can not be used against him in his own prosecution.
Use immunity is not uncommon. What is unprecedented is the judge's ruling which forces him to testify or be held in contempt. It is a first in MD. This is what the defense is attempting to block.
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