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.
Perjury is very hard to prove. He doesn’t have a choice in the matter. He has to tell the truth.
I suspect he doesn’t want to tell the truth or he didn’t tell the truth previously and that is why this issue has come up.
He does have a choice. He can tell the truth, or he can stand mute. Not a good choice to have to make in his situation.
So what is the penalty for continuing to refuse to testify even if granted use and derivative use immunity?
Indefinite jailing for contempt of court? How does that compare to the perjury penalty or the penalty if convicted on the original indictment?
When you take the oath in court to tell the truth, that’s probably what you should do.
In the other 5 trials, the defense attorneys might want to ask the court to prevent the State from introducing what the State regards as false testimony. Then introduce transcripts of the accusation. How can the state proclaim Porter is a liar and also insist his testimony is critical to the State’s case? At minimum, the jury will have something to think about.
Ever hear of the United States Constitution? Might want to read it some time.
“nor shall be compelled in any criminal case to be a witness against himself”
Bump to your tagline.
MUST?
Yes, Must. The prosecution wants to require him to testify with limited immunity. He can still be prosecuted for perjury by the state if they decide to do so, and they’ve already accused him of lying in his first trial. So, it would seem that if he’s consistent and he tells the same story he told in the first trial, they think he’s a liar and will try to charge him with perjury, but if he changes his story to something that they want him to say, then he could be prosecuted for committing perjury in the first trial.
Maryland “Freak State” PING!
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