Prosecutors Rest in Freddie Gray Trial, Defense to Continue

— -- The prosecution on Tuesday rested its case against William Porter, the first of six Baltimore police officers to go on trial for the death of Freddie Gray in a case that has drawn national attention due to the increased focus on the use of force by police.

Gray died from a severe neck injury that prosecutors allege he sustained while in police custody after being arrested on April 12.

The defense is set to begin its presentation Wednesday and Porter is expected to testify, possibly as early as tomorrow.

Before sending the jury home for the day, Judge William Barry denied the defense’s motion to have the case dismissed, telling attorneys the state had provided enough evidence for jurors to consider. Defense lawyers argued the state had not shown that Porter did anything that a "reasonable officer" would not have done under similar circumstances.

The jury heard from 15 witnesses over the first five days of the trial. Porter has been charged with involuntary manslaughter, second degree assault, misconduct in office and reckless endangerment.

Gray, a 25-year-old African-American, was arrested after fleeing from police officers who then found a knife in his pocket. His death, a week later, on April 19 set off a series of protests and eventually riots in Baltimore amid racial tensions between city residents and the police.

At issue is whether Gray’s death was an accident or the result of gross negligence by Porter. The state argues Porter failed to secure Gray, whose hands and feet were shackled while a seat belt sat in the back of the van. The officer also showed indifference to Gray's requests for medical assistance, as they made numerous stops along the way to the police station.

"He intentionally did not put him in a seat belt and he intentionally didn't call a medic," said Chief Deputy State's Attorney Michael Schatzow. "It wasn't an accident."

Prosecutors allege Porter failed to follow department rules requiring him to secure a detainee with a seat belt and as a result Gray suffered a severe spinal injury as he was likely tossed about in the back of the van before it arrived at the police station. Furthermore, Porter and his fellow officers ignored Gray’s request for medical assistance along the way, according to prosecutors, and if Porter had summoned help quickly, Gray could have been treated and his life saved.

On Tuesday, prosecutors called several witnesses to cover physical evidence taken from the van. They testified they found Gray’s blood in several spots, including the wall and on a seat belt, which could help prosecutors case that Gray suffered the spinal injury that caused his death as he was thrown around in the back of the van.

Jurors also heard from Michael Lyman as an expert witness on police procedure. The professor of criminal justice at Columbia College in Missouri said Porter should have known to secure Gray with a seat belt and to seek immediate medical attention when Gray requested assistance.

"He needs to go to the hospital, it is as simple as that," Lyman said. "The fastest route would be the best."

During the opening statements and while cross examining the state’s witnesses, the defense’s case has come into focus. Porter’s lawyers contend the policy directive to secure detainees was not clearly laid out to officers and was communicated in a massive document emailed to officers. It was a policy lost in bureaucratic ineptitude and not a common practice purposefully ignored by Porter.

They have portrayed Porter, who is African-American, as a product of Baltimore, who sought to do good by joining the force and who while attentive to Gray that day did not realize he was in desperate need of medical attention.

The medical examiner’s determination that this was a homicide rather than an accident is suspect, according the defense lawyers who argued it is merely her theory of what happened not something she can prove.

Carol H. Allan, who performed Gray’s autopsy, testified on Monday that she made the ruling because she determined, that if the officers sought medical help earlier, Gray would have lived. She said Gray died from a nearly severed spinal cord.

The defense has also pushed the idea that prosecutors pressured Allan to declare Gray’s death a homicide, which she denies.

The defense has sought to deflect responsibility away from Porter, who was called onto the scene to help, arguing it was the job of the driver, Officer Caesar R. Goodson, Jr., to seat belt Gray. Goodson is set to get on trial at a later date.

On Monday, it was disclosed that Gray had previously complained to police of a back injury. The defense tried to have a mistrial declared, arguing this should have been disclosed by the state earlier.

The judge denied the request. But the revelation could help the state raise doubts that Gray died solely by what happened in the van and maybe this injury was a contributing factor.