Posted on 03/08/2016 9:53:56 AM PST by RightFighter
BALTIMORE (WJZ)– Maryland’s highest court has ruled that Baltimore City police officer William Porter must testify in the trials of five fellow officers charged in the death of Freddie Gray.
Investigator Mike Hellgren breaks down the court’s ruling and what it means.
In a huge blow for his defense, Maryland’s highest court ruled Officer William Porter must testify against all five of his co-defendants and that the remaining trials in the death of Freddie Gray can proceed.
“This is a unique situation and it’s not like any other situation that we’ve seen,” said one of the judges.
The ruling comes just days after the high court heard arguments. Porter’s defense claimed he should not be forced to testify because he was not given sufficient immunity. They say prosecutors had already called Porter a liar and questioned whether testimony against his co-defendants could be used against him at his re-trial. They worry their client could be charged with perjury.
“You put him on the stand five times and it doesn’t matter what I think; I don’t think he’s going to lie. It matters what the state thinks,” said Porter’s lawyer, Gary Proctor.
The high court did not explain its decision and it remains unclear whether this will be appealed to the US Supreme Court.
Prosecutors had argued Porter is a necessary witness in the trials of Officer Caesar Goodson, the van driver, and supervisor Sergeant Alicia White. The original circuit court judge ruled Porter must testify in those cases but not in the cases of the other three officers charged in connection with Gray’s death.
“In exchange for Mr. Porter being required to not rely on his 5th amendment privilege, he receives use and derivitive use immunity,” said prosecutor Michael Schatzow.
Prosecutors originally said Porter would not be needed as a witness in the other three cases but changed their minds; Judge Barry Williams’ original ruling was that Porter would not have to testify in those cases—but the high court reversed that, as well.
Freddie Gray died while in police custody being transported through west Baltimore last year. Outrage in the community led to riots.
Officer Porter’s first trial ended in a mistrial but prosecutors will re-try him. It remains to be seen the order of the new trials and when they will begin.
You can look at court cases related to the decision here.
WJZ is following this still unfolding story; we will have more at 4, 5 and 6 p.m.
It is only perjury if you lie. If he lies, or is proven to have lied, why should he get a pass?
Keeping the #BlackLadsMurder crowd from igniting Baltimore again. #SacrificialLamb
“Looters will be Shot” would solve a lot
I’m not sure you understand. The state has already accused him of lying during his testimony in the first trial. No matter what he says, someone will say he’s lying.
Not to mention that you have an absolute right NOT to speak if your testimony could be used against you. The Maryland Court of Appeals appears to think that state immunity can trump Porter’s right against self-incrimination.
Imagine being asked questions out of order about events from two years ago. Imagine having those questions repeated several times in each of several trials. Imagine then being prosecuted for even minor discrepancies. The problem is that he is a target and the prosecution is vindictive. Even if he tries to tell the truth, he is in grave danger. This ruling is inappropriate.
The courts in Maryland are not blind for justice, they are demanding a conviction. Either take it to the US Supreme Court or have him take the 5th for every question.
They may SAY whatever they wish. Don't they have to PROVE IT?
This could potentially place Porter in jeopardy for perjury or for his testimony, despite state immunity, could be used against him in federal prosecution.
Why is this a problem?
The article says he may have an appeal.to SCOTUS. If he does and they take jurisdiction it will be fun to see the outcome. All of the DemonCrap justices are real hawks when it comes to criminals’ rights. How will they vote when it comes to a black cop who’s a defendant in a trumped up criminal case?
He does not need to lie. He only needs the prosecutor to charge him with lying. That would necessarily follow a finding of dismissal or not guilty. IOW the city prosecutor has demonstrated this charade will continue until someone is found guilty of something.
Yup. He takes the 5th, the state judge holds him in contempt and locks him up, his lawyer runs to the nearest federal judge and gets a writ of habeas corpus, and the jailer lets him walk.
Do you seriously not understand why it’s a problem?
Does he have federal immunity as well. Because the feds could bring a civil rights prosecution against him as well.
He’s probably better off taking the contempt penalties.
No. He has no federal immunity. And he has no state immunity from perjury charges.
We demand riots. Freddie’s dead. That’s what I said.
What if he just told the truth?
Who’s to say he didn’t tell the truth in his first trial? The state already accused him of lying, though.
1. Telling the truth won’t do you any good when you have a corrupt system.
2. If it is immunity offered by the state prosecutor, it isn’t going to bind DOJ. So anything he says can and likely will be used against him in a federal prosecution.
3. He’s already been targeted by the prosecutor. If they can trip him up so that he doesn’t say exactly the same thing each time, they’ve got him. If you repeat the same story enough times, sometimes you will remember additional details, and sometimes you may forget a detail.
4. If they need his testimony that badly, they should offer full transactional immunity, and arrange for the feds to agree to not prosecute.
As to contempt - once the evidence closes, there’s no reason to keep him in jail to compel testimony, so they should let him out on a civil contempt citation at that point. Not sure what Maryland has in the way of criminal contempt, but that would entail a trial all its own. And I’d certainly put the DA on the stand and give her a taste of her own medicine.
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