Prosecutors detail timeline as first Freddie Gray trial begins

Posted at 11:25 AM, Dec 02, 2015
and last updated 2015-12-02 14:09:41-05

BALTIMORE — Prosecutors offered a detailed timeline Wednesday of Freddie Gray’s long ride in a police van, telling a racially diverse jury that Officer William G. Porter Jr. was present five of the six times the van stopped en route to a West Baltimore police station.

Porter, 26, is accused of failing to summon medics when the injured prisoner asked for help. He also allegedly failed to secure the 25-year-old man properly in the back of the van.

“He had a duty to keep safe a person in police custody,” said Chief Deputy State’s Attorney Michael Schatzow. “Evidence will show this defendant criminally neglected his duty to keep Mr. Gray safe.”

Schatzow told jurors they would hear police dispatch recordings and view the van, which has benches and five seat belts on each side.

“There was no reason not to put him in a seat belt unless you didn’t care,” Schatzow said.

Gray’s spinal injury was similar to those suffered after a dive into a shallow pool, the prosecutor added. His neck was broken and compressed — injuries that couldn’t be caused by banging his head against a wall, he said. Gray died at a hospital on April 19, a week after his arrest.

Protests followed Gray’s death and erupted on April 27 — the afternoon of his funeral — in the worst rioting Baltimore had seen in half a century.

The trial before eight women and four men is expected to offer answers to the lingering questions over how Gray was injured. There was “nothing wrong with his spine” when Gray entered the van, Schatzow said.

“When he is taken to the van, he stands,” the prosecutor said. “He is standing by himself, bearing his weight.”

After being shackled, Gray was placed in the back of the police van and driven through city streets, making multiple stops over 45 minutes. He was unresponsive by the time the van arrived at the Western District police station.

Porter, who is black, is the first of six Baltimore police officers to go on trial in connection with Gray’s death. The jury that will judge him reflects the city’s population, with eight blacks and four whites.

Although it won’t be televised or tweeted live, Porter’s trial will be closely followed over the next two weeks. Judge Barry Williams has said he expects a verdict by December 17. Gray’s family was in court Wednesday.

The trial comes at a time of increased national conversation over the deaths of young blacks at the hands of police; the Baltimore police trials are considered by some to be an acid test for the criminal justice system.

Porter has pleaded not guilty to charges of involuntary manslaughter, negligent assault, misconduct in office and reckless endangerment. He is accused of ignoring Gray’s pleas for help and failing to secure him properly in the back of the police van. In essence, Porter is going on trial for what he allegedly failed to do — not for anything he did.

Porter, who joined the city’s police force in 2012, answered a call for assistance from the driver of the police van, Officer Caesar Goodson. The driver asked him to check on Gray. Porter told department investigators that Gray responded “yes” when asked if he needed a medic and complained he couldn’t breathe.

Porter also said he helped lift Gray onto a bench inside the van, but he did not closely assess the prisoner’s condition or summon medics. The Baltimore Sun, citing an anonymous source close to the department’s internal investigation, reported that Porter questioned whether Gray was faking.

The outcome of Porter’s case could have a major impact on Goodson’s trial, which is set to begin January 6.

Goodson, the lead defendant in the May 1 indictment, is charged with the most serious offense — second-degree murder with a depraved heart. Trials for the other officers — Alicia White, Garrett Miller, Edward Miller and Brian Rice — will follow later in 2016. The six are being tried separately, one after another. Three of the officers are black, three white.

During two days of jury selection, the judge asked the potential panelists a series of questions about what they knew about the case. He also delved into their experiences with the criminal justice system and probed their attitudes about race and police.

All members of the racially diverse pool of jurors indicated they knew about Gray, and all but one was aware of the city’s decision to pay Gray’s family $6.4 million to settle legal claims over his death.

Porter and Gray grew up in the same impoverished West Baltimore neighborhood. Through a show of hands, all but two of the approximately 150 initial jury prospects indicated they did not have strong feelings about the race of the two men. But about a quarter of them acknowledged strong feelings about police misconduct.

Porter’s attorneys have said in court documents that he intends to testify in his own defense. And the defense intends to call Donta Allen, another detainee who was in the van at the same time as Gray. Also expected is expert forensic testimony about Gray’s injuries and how he might have gotten them.

Porter’s attorneys have repeatedly asked the judge to move the trial out of Baltimore, arguing that it would be impossible for him to find an impartial jury seven months after the city erupted in violence over Gray’s death. Baltimore was so torn by rioting that the mayor imposed a curfew and Maryland’s governor called in the National Guard to help restore order.