Freddie Gray case: Judge will allow two officers’ statements as evidence
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Version 0 of 1. BALTIMORE — A judge ruled Tuesday that the statements of at least two officers charged in the death of Freddie Gray can be included as evidence at trial, a victory for prosecutors who can use the accounts to show jurors how Gray was treated by police. Circuit Court Judge Barry G. Williams on Tuesday also barred attorneys from discussing the case with anyone except their clients and legal team. The judge planned to issue a written gag order in the case after the hearing, according to a spokeswoman for the Maryland Judiciary. “Do not discuss my ruling and do not discuss this case,” Williams ordered attorneys at the close of the proceedings that stretched over five hours. The pretrial hearing marked the first time all six officers charged in Gray’s April arrest and death appeared together in court and comes as the first trial in the case approaches next month. Defense attorneys for five of the six officers filed motions this summer requesting that Williams ban the statements their clients made to investigators in the days after Gray, 25, suffered a severe spine injury in police custody. They argued that the officers did not speak to investigators voluntarily or were not properly informed of their rights before detectives interviewed them — a violation of the Fifth Amendment right against forced self-incrimination. Only Officer Caesar R. Goodson Jr., who drove the van that transported Gray and faces the most serious charge of second-degree murder, did not provide a statement to police. [Timeline in the Freddie Gray case] The officer statements have not been made public. Tuesday’s proceedings focused on statements of Sgt. Alicia White and Officer William Porter, as attorneys for three of the other officers withdrew their requests with the option of filing them again later. Ivan Bates, the attorney for White, said that on April 12, his client was treated as a witness in the arrest of Gray. He said that when she was interviewed again, on April 17, she was told that it was “no more than a follow-up” and didn’t realize that she was a suspect. White spoke with investigators in both instances because she thought her job would have been in jeopardy, according to her attorneys. Deputy State’s Attorney Janice Bledsoe contended that it was not believable that a Baltimore police sergeant wouldn’t be aware of her rights and wouldn’t know that she could walk away from an interview with detectives. White also signed a paper in an interview room clearly stating that she understood her rights and waived them freely, Bledsoe argued. “It’s clear Sergeant White waived all of her rights,” Bledsoe said. Gary Proctor, Porter’s attorney, also argued that his client felt as if he had to speak to investigators. The detective who interviewed Porter told the officer, “I need you to tell me what happened out there,” Proctor said. “ ‘I need you’ is akin to an order.” Prosecutors played video of White and Porter being read their rights and signing waivers before each was interviewed by investigators. In both cases, Williams ruled that the statements should be allowed. Both officers spoke voluntarily, were informed of their rights to remain silent and have an attorney present, Williams noted. The judge found neither was coerced or threatened. The accounts of the officers are key to prosecutors’ cases. They had previously requested that certain officers be tried first as a way of using the testimony of some defendants against others in later trials. Tuesday’s hearing was mostly technical, but it offered a preview of the proceedings to come, highlighting Williams’s no-nonsense style from the bench. At one point, he yelled, “Quiet!” during an outburst among attorneys as a witness was on the stand. And Williams warned Proctor that he could hold him in contempt of court, saying he didn’t need “snarkiness” during the questioning of a witness. Proctor had asked a detective who was testifying whether she was familiar with Merriam-Webster after telling her he looked up the definition of “need” in the dictionary. Along with Goodson, White and Porter, prosecutors charged three other Baltimore police officers in the case: Edward M. Nero, Garrett E. Miller and Lt. Brian W. Rice. Nero and Miller face second-degree assault and related charges; Porter, Rice and White have been charged with involuntary manslaughter and other counts. Prosecutors said Gray suffered a severe spinal injury while he was unrestrained in the back of a police van on April 12; he died a week later. Gray’s death became another symbol of nationwide frustration over fatal interactions between police and black men, and his funeral led to riots and days of demonstrations Porter is scheduled to go to trial first, on Nov. 30, with the remaining trials planned from January to March of next year. |