Goodson Trial Will Be Delayed; Prosecution Asks To Retry Porter First

The trial of Baltimore City Police Officer Caesar Goodson has been delayed, by order of the Maryland Court of Special Appeals.

CLICK HERE to read the order from the Court of Special Appeals.

Jury selection was supposed to begin at Porter's trial today, but Judge Barry Williams announced a recess in the case. This morning, Judge Peter Krauser, Chief Judge of the Maryland Court of Special Appeals, issued a two-page order calling for the delay.

WBAL's Robert Lang reported from the Mitchell Courthouse minutes after the delay was announced.

On Friday, the Court of Special Appeals is considering whether Officer William Porter should be forced to testify for the state at Goodson's trial.

Porter's attorneys say forcing their client to testify violates his Fifth Amendment rights, and subjects him to a possible perjury, or contempt of court charges, as Porter faces a retrial in June. Prosecutors argue Porter was being offered immunity for his testimony, and that would prevent Porter from being charged with perjury.

A court spokeswoman says Judge Krauser will set a deadline for both sides to file written arguments, then the Court of Special Appeals will hold a hearing to consider oral arguments.

On the C-4 Show, attorney A. Dwight Pettit, who is not involved in any of the Freddie Gray related cases, talked about the delay in the Goodson trial.

There is no deadline for the Court of Special Appeals to rule on this case, so the Goodson trial is delayed until then. A Court of Appeals decision would also impact the start of the trial of Sgt. Alicia White, which is set for February 8, because prosecutors are trying to force Porter to testify at that trial.

Porter is not being forced to testify in the trials of the three other accused officers, Edward Nero, Garrett Miller and Brian Rice. Those trials are scheduled for Late February and early March.

In court today, Judge Williams noted that prosecutors had asked for a continuance to delay this trial, but Judge Williams said that issue is "moot."

CLICK HERE to read the state's attorney's motion.

In that motion, Baltimore City State's Attorney Marilyn Mosby asked that Goodson's trial be delayed, or barring that Mosby asked they be allowed to retry Porter, before Goodson and White go on trial. The motion was also signed by Deputy State's Attorney Janice Bledsoe and Assistant State's Attorney Matthew Pillion. Attorneys in this case are barred from commenting on any ruling due to a gag order imposed by the judge.

At 46, Caesar Goodson is the oldest of the six accused officers. He also faces the most serious charges including second-degree murder depraved heart which carries an up to 30 year prison sentence.

Goodson is also charged with manslaughter, second degree assault, manslaughter auto or boat, criminally negligent manslaughter, misconduct in office, and reckless endangerment.

Goodson drove the van that carried Freddie Gray to the Western District on April 12. Prosecutors say Gray suffered his fatal injuries while in the van.

Unlike the other five accused officers, Goodson never gave a statement to internal affairs investigators about Gray's arrest, so if he takes the stand, there’s nothing prosecutors can use to compare statements.

Prosecutors are expected to focus part of their case on when Goodson stopped the van when it reached Mount and North Freemont Streets, and checked on Gray. Goodson was the only officer to check on Gray at this stop, and it was around this stop where the prosecution believed Gray was injured because he was not placed in a seat belt.

Prosecutors are expected to present other witnesses, including Dr. Carol Allan, the assistant medical examiner who performed Gray's autopsy, and concluded the manner of his death was homicide. Last week, Goodson's attorney failed to convince Judge Williams that Allan shouldn't testify. Goodson's attorney argued Allan was not qualified to determine Gray's death was a homicide.

The prosecution is also expected to call retired Maryland State Police Maj. Neill Franklin, who is considered to be an expert in developing procedures for transporting prisoners.

Like the Porter trial, jurors will get a chance to inspect the van that transported Gray. That inspection will take place in the courthouse garage.