Baltimore judge orders officer to testify in second Gray death trial

[Eugene]

Source: Reuters

A Maryland judge on Wednesday ordered a Baltimore police officer to testify against other officers charged in the death of detainee Freddie Gray.

A lawyer for the officer, William Porter, said he would seek an appeals court injunction to block Porter from testifying against Officer Caesar Goodson Jr. and Sergeant Alicia White.

Baltimore City Circuit Court Judge Barry Williams said Porter, whose own trial ended in a hung jury last month, could be compelled to take the stand since state prosecutors had offered him immunity in exchange for testifying.

Williams said during a pre-trial hearing that Porter's "extremely important testimony is needed in the Goodson and White cases."

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Read more: http://www.reuters.com/article/us-baltimore-police-idUSKBN0UK22H20160106

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US | Wed Jan 6, 2016 5:09pm EST
BALTIMORE | BY DONNA OWENS

[branford]

1. I expect this order to be reversed on appeal,

even if the defense is forced to file a writ of mandumus in federal court.

The state immunity offer is insufficient, particularly in light of perjury concerns and the state's argument that Porter was a liar in his prior trial and hung jury, and the fact that a new trial date for Porter has already been set. Moreover, Porter is still subject to federal investigation and possible indictment with no immunity offer from the DOJ.

There's no "extremely important testimony is needed in other trials" exception to the Fifth Amendment right against self-incrimination, and Porter has done absolutely nothing to waive that right.

I would be most interested in reading Judge Williams decision concerning the forced testimony and hope there's a rationale other than the state's case is garbage without the testimony.

[7962]

2. Perjury is what I thought too. How reliable would the testimony BE?

[branford]

3. The State accused Porter of being a liar in his original trial as part of its trial strategy.

However, his testimony is crucial against the other more seriously charged defendants. The State likely originally believed that Porter would be willing to take a deal to testify against the other officers to avoid trial, or his conviction would force him to deal for leniency and avoid the entire Fifth Amendment issue.

Porter's steadfastness and hung jury royally f@cked-up the State's entire trial strategy, and now the other cases might result in dismissals, not guilty verdicts, or serious appealable issues. The prosecutor's political career is at stake, and she and the local judge probably fear riots or worse if the Gray criminal cases disintegrate. Nevertheless, these concerns do no trump the right against self-incrimination.

[XemaSab]

4. If they really think he's a perjurer

why bother compelling him to testify?

The testimony of a perjurer is worthless and could result in an overturned verdict.

[branford]

5. The State accused him of lying, and perjury is a problem because of self-incrimination concerns.

Nevertheless, you've stumbled on a major problem faced by virtually all state and federal prosecutors whenever they need the testimony of bad and dishonest people to convict far worse people. The fact that the witness is a police officer in this instance is very unusual, but the general problem is pervasive and troubling.

Here's an article today from the Guardian briefly explaining the importance of Porter's testimony in the more serious cases against the other police officers, as well as the effective admissions by the judge and prosecution that the remaining cases might be DOA without Porter's testimony.

http://www.theguardian.com/us-news/2016/jan/06/baltimore-police-officer-william-porter-freddie-gray-trial

However, I do not believe that the State's desperation and the judge's attempt to salvage the prosecution will overcome centuries of Fifth Amendment jurisprudence, and I'm confident the order for Porter to testify will be reversed either by the Maryland state appeals courts or by writ of mandamus to the federal judiciary.

If the other officers (and Porter) are acquitted or the cases dissolve, particularly if the prosecution is perceived as incompetent, God help the people of Baltimore.