Freddie Gray case: Maryland high court says Officer Porter must testify against all 5 co-defendants
Justin Fenton, The Baltimore Sun

Maryland's highest court ruled in favor of prosecutors in the Freddie Gray cases Tuesday, ordering that Officer William Porter can be compelled to testify against his fellow officers.

The rulings sent the cases back to the lower court to resume with trials, though a timetable was unclear.

The Court of Appeals turned back Porter's request that he not be compelled to testify against Officer Caesar Goodson and Sgt. Alicia White. It also reversed Circuit Court Judge Barry Williams' order denying prosecutors' request to call Porter to testify against three other officers, Edward Nero, Garrett Miller and Lt. Brian Rice.

It was a big victory for the state, which argued that Porter's Fifth Amendment rights would not be violated by granting him immunity. His testimony at the trials can't be used at his own retrial on charges of manslaughter.

....more at link
http://www.baltimoresun.com/news/maryla ... story.html

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This MUST be a daft decision... Sunny Hostin tweeted about it!


Sunny Hostin (Verified account)@SunnyHostin
Breaking: Court of Appeals has ruled in FreddieGray cases; Porter must testify against all five co-defendants

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The Judge will have to reschedule all trial dates.

We await information on that

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It seems a "no brainer" that this ruling flies in the face of the 5th Amendment?

Comments on Fox (Greta) and elsewhere stating that. Apparently the ruling itself is short, with no explanation. I would think that this ruling should be further litigated? SCOTUS here we come?

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I am looking for the Porter ruling, Rumpole.

Meanwhile, I just watched the news on a Baltimore station and today's ruling may be headed to the U.S. Supreme Court.

eta: As of 5:25PM ET today, the court had not released the ruling.
Source: WBAL

Officer Charged in Freddie Gray Case Ordered to Testify Against Colleagues
By SHERYL GAY STOLBERGMARCH 8, 2016

WASHINGTON — Maryland’s highest court on Tuesday ordered a Baltimore police officer who is charged in the death of Freddie Gray to testify for the prosecution in the trials of his fellow officers. The ruling clears the way for the state to move ahead with long-stalled prosecutions in a case that has become a touchstone in the emotional national debate over race and policing.

In a pair of simple four-paragraph orders that did not lay out the court’s reasoning, the Maryland Court of Appeals announced its decision to compel the officer, William G. Porter, to testify under a grant of limited immunity, meaning what he says cannot be used against him in his own trial. The court said the ruling would be explained in an opinion to be issued later.

...more at link
http://www.nytimes.com/2016/03/09/us/fr ... .html?_r=0

As mentioned in a post back a ways... the Appeal court Judges were considering two different groups..Rice Nero Miller in one group and White Goodson in the other. Two different points of law. It seems the ruling amounts to the same for BOTH groups.... Porter MUST testify (to hell with the 5th Amendment... What dat?)

In a pair of simple four-paragraph orders....

Order (Rice, Nero Miller) pdf 3 pages
http://www.mdcourts.gov/opinions/coa/2016/96a15pc.pdf

Order (White Goodson) pdf 2 pages
http://www.mdcourts.gov/opinions/coa/2016/99a15pc.pdf

Screenshot of 2 pages


I note in both rulings that Porter is ordered to PAY COSTS!!
I imagine (guess) costs at appellant level are substantial?

The rulings DO NOT explain the reasoning.... but both state that more detail is to be given later?

"For reasons to be stated in an opinion later to be filed,....."

This seems to be weird in itself. In my limited experience the reasoning is provided as part of a ruling?

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Dr. Brian Russell@drbrianrussell 28m28 minutes ago
This is the clearest-cut #5thAmendment violation I've seen in a long time. #SCOTUS should reverse it. #FreddieGray

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New Trial Dates

Selected in a scheduling conference with Judge Barry Williams and will be approved in administrative hearing Wednesday.

Officer Edward Nero....... May 10.
Officer Caesar Goodson.. June 6
Lt. Brian Rice.............. July 5
Officer Garrett Miller..... July 27
Officer William Porter..... Sept 6
Sgt. Alicia White ..........Oct 13

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Rumpole am I mistaken in thinking 'pleading the 5th' is valid testimony? has there been anything to say he can't plead the 5th or just stuff saying he must testify?

IANAL but....

The MD appeal court ruling seems to be in CONFLICT with 5th amendment. I can not see that this can be let stand. I am expecting an appeal to SCOTUS

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It isn't a conflict. The court can Subpeona or force testimony but it can't compel a witness who is also a defendant with pending prosecution on a related matter to incriminate themselves.

The mistrial put a serious hitch in the prosecutors plans to do a domino run against six defendants. Now it forces prosecutor to offer immunity or lose that testimony to the 5th. Happens everyday in criminal trials.

Prosecutor can't appeal...they won.

I think you have missed the point LR.. I KNOW the way the 5th is supposed to work.... but it has been usurped in the case of Porter.

This judge, upheld by MD appeals court, HAS ordered that Porter MUST testify.. he can not invoke 5th and refuse... else will be in contempt.

THAT is why this needs to be appealed to SCOTUS

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Ohh that's not gonna fly...been tried against the mob and gangs. Every time prosecutor has tried to compel more than 5th (i.e. Confirmation of unsworn statement) they have lost. Can't for life of me imagine why a prosecutor would even try.

I get that people want these defendants to be tried harshly but don't get why they can't see that any tactics effectively used against these officers are fair game against EVERY defendant in any case. SMH

ETA: Read back to see the limited immunity ...they won't use what he testifies to against other defendants against him...nooooo they can't do that. That's the domino thing SCOTUS ruled unconstitutional when they let RICO stand.

THAT is what this is all about.

It has already been mentioned what a daft precedent this will set.

Again.... That is my point. It needs to be appealed to SCOTUS

And.... they have to agree to take it... maybe STAY these trials ... again.

If there is no appeal to SCOTUS.. then there will no doubt be fireworks when Porter first testifies... I think at that point there will be another appeal to MD higher court at the least. This Circus could go on for years

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Can Officer Nero say. "I cannot recall"? (It has been so long) lol

Hi boystonstu.

I have lumped news in this thread for now since Nero was next trial due... rather than scatter news about all trial across 6 threads one for each officer.

It's Porter's testimony at issue, not Nero.

Porter can "forget" or lie, but he is already on record, and that can be used to impeach him. He needs to get some info out for his own sake and defense.

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Prosecution dissatisfied with new schedule for Freddie Gray cases
Justin Fenton The Baltimore Sun

A new schedule of trial dates beginning in May for the officers charged in the arrest and death of Freddie Gray was formalized at a hearing Wednesday morning, where prosecutors expressed dissatisfaction with the new lineup.

The cases have been on hold since Officer William Porter's trial in December ended with a hung jury, as competing appeals reached the state's highest court. The trials are now slated to resume on May 10, with Officer Edward Nero facing charges of second-degree assault, reckless endangerment and misconduct in office.

Deputy Chief State's Attorney Janice Bledsoe told administrative judge Charles J. Peters that prosecutors wanted the trials to resume with Porter's retrial first. Under the approved schedule, set by Judge Barry Williams in a closed-door meeting with attorneys Tuesday, Porter's retrial is the fifth case and takes place in September.

...more at link
http://www.baltimoresun.com/news/maryla ... story.html

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This is not even well run.. as far as Circuses go!!!

They cant really settle on the order of trials... each one will likely effect the subsequent ones, with verdicts along the way , and perhaps appeals sought, there may well be legal argument over other defendants called as witnesses in trials of fellow officers.

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