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Officer Must Testify Against Colleagues in Freddie Gray Case

March 08, 2016  | 

A Baltimore police officer charged in the death of Freddie Gray must testify against his colleagues while he awaits a retrial, Maryland's highest court ruled Tuesday, reports the Associated Press.

The Court of Appeals did not give any reason for the decision, saying it would issue an opinion later. The case was unusual because Officer William Porter's trial ended with a hung jury and as he was awaiting a retrial, a judge ruled he had to testify against some of the officers charged in the Gray case but not others.

The appeals court heard arguments over the issue last week and questioned Porter's attorney about why he shouldn't testify at multiple trials. Porter's attorney said every time he took the stand it could subject the officer to a perjury charge.

Porter was the first officer to stand trial, but the issue of whether Porter could be compelled to testify against his colleagues halted the other trials.

Tuesday's rulings mean the cases will be sent back to a lower court and the trials can move forward.

Comments (11)

Displaying 1 - 11 of 11

Percy @ 3/8/2016 12:58 PM

Doesn't say anything about testifying truthfully.

ftrnr @ 3/8/2016 5:24 PM

I can see the application of the protection afforded by the 5th amendment being used often. Stupid decision, how do you force someone to testify in a case which is parallel to a related case where he is the accused? Who in their right mind would testify? Justice for the police.....isn't it about time we tried that one?

Randy @ 3/8/2016 5:34 PM

Sorry ftrnr, you must not be from Murderland. The Constitution does not apply in this state. Hopefully, Porter's lawyers ran down to the Supreme Court for a stay.

MN Bernie @ 3/8/2016 8:19 PM

So, if Billy Bob and Bobbie Joe are accused of robbing the liquor store and Billy Bob's first trial ends in a mistrial, he can be compelled to testify against Bobbie Joe while awaiting a retrial? Wow

StevieD @ 3/8/2016 8:28 PM

The Appeals Court will give an opinion later?! Sounds like same old political Nonsense. They're hoping to get him to say something incriminating about himself and/or the others so then they can give their opinion of "See, that's why he had to testify." Then the politicians can use that in future trials against officers.
My advise hopefully is the same as his attorney, "I plead the 5th". OR he can always use the infamous words, "What difference at this point does it make?" Let's see how they like it.

ThinBlueLine @ 3/9/2016 6:35 AM

@Percy, it appears you like to comment on these type of articles but I don't see many comments on the four or more articles we see daily about officer's killed or injured on duty. Or the article about the officer who worked with a non-profit to get some kids a bed. Clearly you are displaying an internal bias. So to avoid having to read your comments, I want to apologize to you on behalf of the officer who told you "No" or said "here's your ticket have a nice day" or "turn around you're under arrest". Whichever fits your life experience.

jojo @ 3/9/2016 7:17 AM

Officer Porter can you tell us what happened that day? I plead the 5th. Officer Porter did you meet Freddy Gray that day? I plead the 5th. Officer Gray were you at work that day? I plead the 5th. What a moronic ruling and a useless one.

Leonard @ 3/9/2016 9:03 AM

This will be interesting to watch. I'm a firm believer in protecting your self against self incrimination so I'm skeptical about this ruling. I would like to see how this will protect this particular officer.

Stephen @ 3/9/2016 4:52 PM

I hope he invokes his 5th Amendment right, or makes "I do not recall" a huge part of his vocabulary.

kevCopAz @ 3/9/2016 6:12 PM

This case not withstanding, this could turn around many cases where there are multiple defendants. This would NEVER have been the ruling if there were two defendants who killed a peace officer, no way no how.

Percy @ 3/10/2016 2:23 PM

@ThinBlueLine says "Percy, it appears you like to comment on these type of articles but I don't see many comments on the four or more articles we see daily about officer's killed or injured on duty"

Well I haven't seen any comments by you either. As usual the greatest number of comments by you & others seems to be personal attacks against anyone not in lockstep with police. You also needn't apolagize because you believe some cop gave me a hard time.
That didn't happen, but as ALWAYS you people think that is the cause of anti polce sentiment.It seems you all believe that all problems in and with le are the result of people like me who would like to see you stop killing/beating/abusing/sexually assaulting so many people. Not all of you do these things but a lot of you do. The rest seem to stand around and do/say nothing.

And to most of the rest of you on here, nice to see you supporting perjury.
I wonder if that might be reason a high % of the public doesn't trust you any more.

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