State's Highest Court Will Hear Appeals In Freddie Gray Cases; Halts All Trials
BALTIMORE (WJZ) — More delays in the trials of five officers charged in the death of Freddie Gray. Now the state's highest court says there will be no trials until they decide on a key legal issue.
Rick Ritter breaks down the new developments in this high-profile case.
The trial for Officer Edward Nero was set to start on Monday. It is now delayed. This ruling could take weeks or even months. In the meantime, everything is on hold.
A battle that's far from over. Prosecutors and defense attorneys will now hash it out in Maryland's highest court, putting a halt on the trials of five of the officers charged in the death of Freddie Gray.
"It's not exactly surprising. Everyone knows this is an important case," said attorney Adam Ruther, Rosenberg, Martin, Greenberg.
The news comes just days before Officer Edward Nero's trial was set to start, which is now on hold.
At issue is whether Officer William Porter should be forced to testify against the other charged officers.
He was ordered by circuit Judge Barry Williams to testify in two of the officers' cases, which Porter's lawyers are trying to overturn.
In the other three cases, Judge Williams did not order Porter to testify, which prosecutors are trying to overturn.
Porter's lawyers have said their client has the right not to incriminate himself when he faces his own retrial, while adding that prosecutors previously called Porter a liar and now consider him a key witness.
Attorney Adam Ruther weighs in.
"The Court of Appeals could really decide it either way. There are good arguments on both sides, and there are seven judges on the Court of Appeals and the majority is going to have to render an opinion," said Ruther.
A decision that could take the state's highest court months to rule, delaying everything in the process.
Ritter: "Would it be surprising to you if these trials lingered into next year?"
Ruther: "It wouldn't be necessarily surprising. Obviously, this isn't the only important issue in these cases. All of these lawyers are very bright. They're thinking of every argument they possibly can."
There is no set date that the court must rule by, but the current term does end in September. Once they make a ruling, the only other place to go from there is to ask the Supreme Court of the United States to hear the case.
It's important to note that the appeal does not move the trial from Judge Barry Williams in Baltimore's circuit court.
The Court of Appeals considers a great number of cases every year and usually only takes about ten percent.
"The legal issues are extremely complex. It's what's called an issue of first impression in the state of Maryland about whether the Fifth Amendment applies in this particular way and whether Officer Porter can be forced to testify under these circumstances. In light of the fact that they granted an expedited schedule, I'm sure the Court of Appeals will move as quickly as possible to render a decision," Ruther said.