Judge Denies Motions To Dismiss Charges In Freddie Gray Case; Ruled Individual Trials For 6 Officers

BALTIMORE (WJZ) --All eyes were on Baltimore on Wednesday as pretrial motions were held in the Freddie Gray case.

Inside the Circuit Court for Baltimore City, Judge Barry Williams ruled that all six officers charged in the case would be tried separately. The judge also denied a motion to dismiss the charges against the six officers charged in the case and a motion to recuse City State's Attorney Marilyn Mosby based on an alleged conflict of interest.

Prosecutors originally wanted to try 3 of the 6 officers (Goodson, Nero and White) separately and the other three as a complete unit in one trial, but it didn't pan out that way in court.

Officer Goodson was the one driving the van at the time of the incident and he faces the most serious charge: second degree depraved heart murder.

Officer Nero was the arresting officer, he's facing a second degree assault charge and Sergeant White, who was a police supervisor, is being charged with involuntary manslaughter. (See full list of charges below)

Judge Williams ruled that the evidence that could be presented against Officer Goodson would be unfairly prejudicial  to other officers involved.

The May 1 press conference with City State's Attorney Marilyn Mosby was at the center of Wednesday's arguments in the trial of six officers accused in the death of Freddie Gray.

Defense Attorney's claim Mosby released vital evidence which jeopardized that officer's chances at getting a fair trial.

In court on Wednesday, Judge Williams told prosecutors, "That's inappropriate and you know it." But he ruled he wasn't enough to warrant the dismissal of charges against all six officers.

The defense also pushed to have Mosby's entire office thrown off the case entirely, arguing they can't serve as both investigators in Gray's death and prosecutors. The judge also denied that motion.

"This judge is particularly good at cutting through all the fat and getting to the meat of the case," said courtroom observer J. Wyndal Gordon.

"I think the defense strategy has been clear from the outset here: try to rid themselves of Miss Mosby's prosecution team and to move the case outside of Baltimore," said University of Maryland Law Professor Doug Colbert.

The motion to move the case to a different jurisdiction will be argued next week, though legal experts say it does not appear the judge is leaning that way.

"I think the judge gave every indication that the Baltimore criminal justice system is ready to take on these cases," Colbert said.

None of the six officers appeared in court Wednesday. They all filed waivers so they did not have to show up.

WHAT CHARGES ARE THE OFFICERS FACING?

Officer Caesar R. Goodson:

1. Second degree depraved heart murder (30 yrs.)
2. Manslaughter (involuntary) (10 yrs.)
3. Assault/second degree (10 yrs.)
4. Manslaughter by vehicle (gross negligence) (10 yrs.)
5. Manslaughter by vehicle (criminal negligence) (3 yrs.)
6. Misconduct in office (8th Amendment*)
7. Reckless endangerment (5 yrs.)

Officer William G. Porter

1. Manslaughter (involuntary) (10 yrs.)
2. Assault/second degree (10 yrs.
3.  Misconduct in office (8th Amendment*)
4. Reckless endangerment (5 yrs.)

Lt. Brian W. Rice

1. Manslaughter (involuntary) (10 yrs.)
2. Assault/second degree (10 yrs.)
3. Misconduct in office (8th Amendment*)
4.  Misconduct in office (8th Amendment*)
5. Reckless endangerment (5 yrs.)

Officer Edward M. Nero

1. Assault/second degree (10 yrs.)
2. Misconduct in office (8th Amendment*)
3. Misconduct in office (8th Amendment*)
4. Reckless endangerment (5 yrs.)

Officer Garrett E. Miller

1. Assault/second degree (10 yrs.)
2. Misconduct in office (8th Amendment*)
3. Misconduct in office (8th Amendment*)
4. Reckless endangerment (5 yrs.)

Sgt. Alicia D. White

1. Manslaughter (involuntary) (10 yrs.)
2. Assault/second degree (10 yrs.)
3. Misconduct in office (8th Amendment*)
4. Reckless endangerment (5 yrs.)

WHAT'S NEXT IN THE CASE:

September 10, 2015: A motion to "remove" the case out of Baltimore City based on the reasoning that the media coverage makes it difficult/impossible to seat an impartial and unbiased jury.

If the judge grants this motion, the case would be tried in another Maryland jurisdiction selected by Judge Barry Williams.

THE TRIAL:

A trial date for October 13, was originally set, however with all six officer now being tried separately the exact dates for each officer is unknown at this time.

ASK THE EXPERT:

Legal expert Andrew Levy weighs on what's next in the case.

In:
• Freddie Gray