Circuit Court Judge Barry Williams denied a motion by Officer William Porter's attorneys to quash a subpoena for him to appear at the trial of fellow Officer Caesar Goodson trial, the second of six Baltimore police officers to face trial in the death of Freddie Gray.
Williams said Porter will be compelled to testify. Porter's attorney, Gary Proctor, filed an injunction Thursday with the Court of Special Appeals in Annapolis to block the order to compel his testimony in Goodson's trial.
Porter was called to the stand Wednesday prior to the ruling and invoked his Fifth Amendment rights against self-incrimination. Williams warned prosecutors if Porter testifies in the Goodson trial, it could impact their ability to retry him after Porter's case ended in a mistrial in December.
Should Porter testify, Williams said, the state has been placed on notice that they have an interesting burden to show they did not use the testimony in any shape or form.
Williams said Porter's Fifth Amendment rights would not be violated in his retrial if granted immunity in Goodson's trial. Williams said this decision is uncharted territory as witnesses granted immunity usually have pleaded to lesser charges or had charges dropped, WBAL TV reports.