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Prosecution Rests, Defense Loses Dismissal Motion in Trial of Officer Over Freddie Gray Death

December 08, 2015  | 

Photo: Baltimore PD Facebook
Photo: Baltimore PD Facebook

Judge Barry G. Williams ruled the case against Baltimore Officer William G. Porter in the death of Freddie Gray will continue, after turning back a request from the defense to dismiss the charges.

The defense request came after the state rested its case Tuesday morning, after calling about 15 witnesses over the course of less than five days. Jurors were sent home for the day, and the defense's presentation will begin Wednesday morning.

Gary Proctor, one of Porter's defense attorneys, said prosecutors had not proved that Porter's failure to seatbelt or seek immediate medical attention for Gray rose to a "gross, wanton, deliberate" act necessary to prove involuntary manslaughter.

"There was no testimony that what Officer Porter did was any sort of deviation from what a reasonable officer would do," Proctor said, referencing an element needed to prove a crime was committed.

Chief Deputy State's Attorney Michael Schatzow said Porter showed a "callous indifference for life" when he deviated from department policies. Defense attorneys have said other police officers routinely break such policies, but Schatzow said those officers should not be considered "reasonable."

"A reasonable officer follows orders and directives," Schatzow said.

Williams said there was sufficient evidence presented for the case to put to a jury, the Baltimore Sun reports.


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