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1 of 1- Common Sense
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Freddie Gray case: Judge orders Officer Porter to testify
Officer Porter is given some type of immunity but his charges still stand?
I can't see how he can be forced to testify and still face charges?
Freddie Gray case: Judge orders Officer Porter to testify in fellow officer's trial
In an unprecedented move, Judge Barry G. Williams ordered Officer William G. Porter on Wednesday to testify at the upcoming trial of a fellow city officer charged in the death of Freddie Gray.Porter's attorneys immediately said they would seek an injunction to block the ruling.Williams said he found himself in "uncharted territory" but felt the law was "clear." He granted Porter a type of immunity that allows his charges to stand, but which precludes his testimony in the trial of Officer Caesar R. Goodson Jr. from being used against him.
Legal experts — and Williams — said the ruling was unprecedented for a criminal defendant with pending charges.
Williams also warned prosecutors that calling Porter as a witness could have serious implications for their ability to retry him. Porter's trial on manslaughter and other charges ended last month in a hung jury, and he is scheduled to be tried again in June."The second he testifies, that may change the game," Williams said.After Williams issued the ruling, defense attorney Gary Proctor leapt to his feet and told Williams he intended to appeal to the Court of Special Appeals on Thursday to block prosecutors from calling Porter to testify.
Should Williams' ruling stand, Porter would not be able to invoke the Fifth Amendment and would have to testify or face the threat of contempt and jail time.
Legal experts said Porter's appeal has the potential to freeze proceedings in Goodson's trial for second-degree depraved-heart murder, which is scheduled to begin Monday with jury selection.
“We hold these truths to be self-evident,” former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”
- tennyson
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Re: Freddie Gray case: Judge orders Officer Porter to testify
The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
Last edited by tennyson (1/07/2016 10:45 am)
"Do not confuse motion and progress, A rocking horse keeps moving but does not make any progress"
- Common Sense
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Re: Freddie Gray case: Judge orders Officer Porter to testify
tennyson wrote:
The fifth amendment to the U.S. constitution guarantees many rights for citizens accused of crimes, not the least of which is the protection against self-incrimination.
Amendment V
No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a Grand Jury, except in cases arising in the land or naval forces, or in the militia, when in actual service in time of war or public danger; nor shall any person be subject for the same offense to be twice put in jeopardy of life or limb; nor shall be compelled in any criminal case to be a witness against himself, nor be deprived of life, liberty, or property, without due process of law; nor shall private property be taken for public use without just compensation.
This is why the judges ruling does not make any sense?
I think the prosecution's case fell apart when the first trial was a hung jury and I think the judge could be trying to save it?
“We hold these truths to be self-evident,” former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”
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Thread Starter- Common Sense
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Re: Freddie Gray case: Judge orders Officer Porter to testify
Maryland appeals court temporarily blocks order compelling Porter to testify
Maryland's second-highest court temporarily blocked Friday an order compelling Officer William G. Porter to testify in the trial of a fellow officer charged in the death of Freddie Gray.With the trial of Officer Caesar R. Goodson Jr. scheduled to begin Monday with jury selection, the Maryland Court of Special Appeals did not grant the injunction requested by Porter's legal team but stayed a judge's order forcing him to testify as the appellate court considers whether that would violate his constitutional rights.
Chief Judge Peter B. Krauser said prosecutors needed an opportunity to respond to an injunction request from Porter's attorneys filed Thursday.That response came later Friday. The Maryland attorney general's office, which represents prosecutors in appeals and other legal matters, argued that Porter's motion was not properly filed and that testifying under limited immunity would not violate his rights. It was unclear Friday what would happen next. Court officials said jury selection in Goodson's trial would proceed as scheduled Monday but declined to comment on whether a postponement might occur.
Last edited by Common Sense (1/09/2016 8:41 am)
“We hold these truths to be self-evident,” former vice president Biden said during a campaign event in Texas on Monday. "All men and women created by — you know, you know, the thing.”
- •
Thread Starter