State's Highest Court Offers Explanation On Why Porter Is Forced To Testify

Maryland's highest court is offering an explanation into a recent order related to the trials of the officers accused in Freddie Gray's death.



In March, the Court of Appeals without explanation ordered Officer William Porter to testify at the trials of the other five accused officers, even though he faces a retrial in September.

Today's 51-page opinion offers that explanation. The Court rules that Porter's fifth amendment rights to self incrimination are not being violated, and the state is not encouraging him to perjure himself.

CLICK HERE to read the opinion.

The court notes that since Porter is being offered immunity, nothing he says at any of the trials can be used against him at his own trial, and Porter's attorneys will also have access to the transcript of any testimony to make sure prosecutors are not using any of his testimony against Porter.

The Court also said Porter's argument that he is being forced to commit perjury by testifying at the other trials, "lacks merit."

Porter was ordered to testify Officer Edward Nero's trial this week, but prosecutors never called him to the stand.

In his closing argument yesterday at Nero's trial, Assistant State's Attorney Michael Schatzow said the State didn't call Porter, "because of a change in strategy."

Porter is expected to testify next month at the trial of Officer Caesar Goodson, the driver of the police van that carried Freddie Gray.Judge Barry Williams will issue a verdict in Nero's trial on Monday.

The Court of Appeals considered both an appeal filed by Porter's attorneys that forced Porter to testify at the trial of Goodson and Sgt. Alicia White, and an appeal field by prosecutors ordering Porter to testify at the trials of Nero, Officer Garrett Miller and Lt. Brian Rice.

In its opinion, the Court ruled the appeal filed by Porter's attorneys was proper, noting their client had an interest to appeal. That appeal was opposed by White and Goodson's attorneys, arguing it delayed their trials.

The Court also ruled prosecutors' appeal related to the other three trials was also proper.