Baltimore Judge: Jury Deadlocked in Freddie Gray Trial

Last Updated: December 15, 2015

A demonstrator blocks traffic as protests moved into the street on the first day of pretrial motions for six police officers charged in connection with the death of Freddie Gray in Baltimore, Maryland, Sept. 2, 2015.
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Jurors have deadlocked in the trial of a Baltimore, Maryland, police officer charged in the death of Freddie Gray, a young African-American man severely injured in a police van in April, the judge said Tuesday.

Judge Barry Williams instructed the jury to keep deliberating. He earlier refused a defense motion for a mistrial and a bid to move the proceedings to another city after Baltimore children were warned against protesting inside schools when a verdict is announced.

The judge gave no hint about which way the jurors had voted so far.

Officer William Porter, who is also black, has been charged with involuntary manslaughter, second-degree assault, reckless endangerment and misconduct. He has pleaded not guilty. He is the first of six officers, black and white, charged in Gray's death.

Prosecutors allege Porter and the others failed to help Gray, who suffered a severe spinal cord injury in the van. Gray was handcuffed and his feet were shackled, but he was not buckled into his seat. During travel, he was allegedly thrown from the seat and struck the side of the van; the impact severed his spinal cord, leaving him in a coma.

Prosecutors said Porter failed to put Gray into a seat belt, ignored his pleas for medical help and abused his power as a police officer.

The defense called Gray's death a horrible tragedy, but argued there was no evidence to convict Porter and that there was too much reasonable doubt of his guilt. Lawyers said Porter helped Gray onto the van's bench and passed his request for aid on to other officers.

William Porter, right, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, walks into a courthouse with his attorney Joseph Murtha for jury selection in his trial, Nov. 30, 2015, in Baltimore.

Baltimore Mayor Stephanie Rawlings-Blake has urged city residents to stay calm and accept the verdict.

Violence broke out on the day of Gray's funeral in April; there was looting, fires were set, and rocks and bottles were thrown at police. Baltimore's black leaders said the riots were not just about Gray but also about what they said has been a city government that has long ignored the needs of poor African-American neighborhoods.

Gray, who had been in trouble with the law in the past, was arrested in April for reasons that are still not entirely clear. Some police officers said he was carrying a knife, but prosecutors said there was no legal basis for taking him into custody.

Related

Jury Considers Case of Baltimore Policeman in Freddie Gray Death

Baltimore Officer's Inaction, Not Excessive Force, on Trial

Defense Renews Case in Baltimore Policeman's trial

http://www.voanews.com/content/baltimore-jury-deliberates-in-manslaughter-trial-of-accused-policeman/3103913.html/

Baltimore Md : Preparing

Police departments from the county (outside Baltimore), have been brought in, (since Monday) along with buses of police & State Troopers, & are placed through out the city.

For when the jury reaches a verdict in Freddie Gray case (of 1st officer/ black cop). All tours & field trips have been cancelled until Friday. All students (& parents) have been notified that the students will have disciplinary action taken against them if they protest, including 'walk outs'.
* advocates claiming 'walk outs are not protests*

There have been reports of scuffles between protestors & police since early this morning.

Officer William Porter, could receive a maximum of 26 yrs..

This is the 1st of 6 (individual) trials, of officers charged in the (death of) Freddie Gray.

An acquittal would be nice.

Mostly, just to piss off the blm crowd.

If he's aquitted, I'd bet there will be a buncha 50in flat screens under many a Christmas trees in the 'hood....

Is there anything left to burn there ?

Why Didn't Blacks Care About Freddie Gray While He Was Alive

http://youtu.be/-UlNFGBV2Mw/ 06:23
By Jesse Lee Peterson, author of 'The Antidote '

Jesse Lee Peterson - http://en.m.wikipedia.org/wiki/Jesse_Lee_Peterson/

* Yes. He is black, republican & Christian *

Freddie Gray jury deliberates third day in Baltimore

http://www.usatoday.com/story/news/nation/2015/12/16/freddie-gray-deliberations-reach-third-day-baltimore/77409910/
* Video: news broadcast *

Jurors sent a note to Judge Barry Williams on Tuesday afternoon telling him they could not make a decision in the case. The judge instructed them to keep deliberating. Jurors were dismissed for the day at 5:30 p.m. and told to return on Wednesday.

[Law enforcement officers from Baltimore and outside jurisdictions use a staging area in north Baltimore's Druid Hill Park while awaiting a verdict in the trial of Officer William Porter.]

Officer William Porter, 26, could face 25 years in prison if convicted of manslaughter, assault, misconduct and reckless endangerment. Porter is the first of six officers to face trial in the April death of Gray, an African-American who died one week after being severely injured while in police custody. That led to a series of protests, some calm, but some that rocked the city as businesses were looted and burned.
The city has taken steps aimed at keeping the peace no matter what the verdict. The police department canceled leave for all officers this week while Mayor Stephanie Rawlings-Blake opened an emergency operations center and pleaded for calm.
Public transit officials said they were coordinating with city officials to minimize service disruptions. But the Maryland Transportation Administration warned bus and rail riders that route diversions were possible if protests clog the city.

USA TODAY
Freddie Gray funeral draws mournful throng in Baltimore

USA TODAY
Baltimore to pay family of Freddie Gray $6.4M

"MTA is closely monitoring the Officer Porter trial and travel conditions downtown and will adjust services as necessary due to the potential for heavy pedestrian and/or vehicular traffic," MTA said in a statement.
Porter, who is black, is accused of failing to secure the shackled Gray into the seat belt of a police van and then failing to immediately seek medical assistance for Gray when he requested it. Gray, 25, suffered a severe spinal injury while being transported after his arrest April 12 on minor charges. He died a week later.
Gray's highly emotional funeral on April 27 drew thousands of mourners and protesters. The demonstrations turned violent, and dozens of people were injured. The city struggled with an uptick in violent crime in the ensuing months, and Rawlings-Blake fired Police Commissioner Anthony Batts in July. Two months later the city agreed to pay Gray's family $6.4 million to settle a wrongful death lawsuit.
Porter testified last week that he was in the van for most of the 45-minute ride between the site of Gray's arrest and the Western District police station. Porter said Gray did not appear injured and kicked and yelled for most of the journey. Porter added that Gray didn't ask for medical assistance but agreed when Porter asked him if he wanted to go to a hospital.
Porter said he asked about the hospital because he knew the jail would not accept Gray if he claimed to be injured. The driver, Caesar Goodson, declined to go to the hospital, instead stopping to pick up another prisoner, Porter said. When the van finally arrived at the police station, Gray was unresponsive.
Porter is the first of six officers — three white, three black — to face trial in Gray's death. Goodson faces the most serious charge, second-degree depraved murder, which carries a sentence of up to 30 years in prison.

Contributing: Melanie Eversley

BALTIMORE -
A hung jury was declared Wednesday on all four charges in the trial of Officer William Porter.

** RIGHT NOW: Tap here to watch live, special coverage on 11 News **


"I do declare this a mistrial," Baltimore City Circuit Court Judge Barry Williams said.

Porter is the first of six police officers charged in the death of Freddie Gray to stand trial.

There were no unanimous agreements on any of the four charges, which are involuntary manslaughter, second-degree assault, misconduct in office and reckless endangerment.

The charges carried maximum prison terms of at least 25 years.

The jury deliberated for about 16 hours over three days.

Demonstrators converge at Courthouse East

At least one person was arrested as demonstrators gathered outside the courthouse shortly after the hung jury was announced. Demonstrator Kwame Rose was the person arrested, 11 News I-Team reporter Barry Simms reported.

City reacts

"I'm not happy any officer is on trial, but Freddie Gray is dead and someone has to pay for that," said Tessa Hill-Aston, president of the NAACP Baltimore branch. "I understand people are going to protest, and that is expected. I just hope it is done peacefully."

Mayor Stephanie Rawlings-Blake issued a statement, saying: "A few minutes ago, Judge Barry G. Williams declared a mistrial in the criminal case of Officer William Porter because the jury was unable to reach a unanimous verdict. It is now up to State’s Attorney Marilyn Mosby to determine whether to further pursue criminal charges. This is our American system of justice. Twelve Baltimore residents listened to the evidence presented and were unable to render a unanimous decision. As a unified city, we must respect the outcome of the judicial process. In the coming days, if some choose to demonstrate peacefully to express their opinion, that is their constitutional right. I urge everyone to remember that collectively, our reaction needs to be one of respect for our neighborhoods, and for the residents and businesses of our city. In the case of any disturbance in the city, we are prepared to respond. We will protect our neighborhoods, our businesses and the people of our city."

Jury was deadlocked on second day of deliberations

Jurors told the judge Tuesday afternoon that they were deadlocked. The judge re-read instructions and sent jurors back to the jury room. "You must decide the case for yourself," the judge told jurors. The jury did not say on which of four charges they are deadlocked.

The defense asked for a mistrial Tuesday morning based on City School CEO Gregory Thornton's letter to parents, saying that administrators will not tolerate students leaving class to demonstrate. The judge denied the motion.

The defense also asked for a change of venue and to voir dire the jury after city schools sent home the letter. The judge denied the motions, saying jurors have been repeatedly advised to take only evidence into account during deliberations.

Williams spent 20 minutes Monday giving the jury instructions. He instructed jurors that they must reach separate verdicts on each of the four charges against Porter.

Williams told jurors that they must decide if Porter's failure to put Gray in a seat belt or get him help is a criminal act.

Trial spanned two weeks

The trial started two weeks ago with three days of jury selection. The prosecution called 16 witnesses, compared to 12 for the defense.

Prosecutors contended that Porter should be held partially responsible for Gray's death, because he didn't place a seat belt on Gray or get him treatment when Gray asked for help.

Defense attorneys have suggested that van driver Officer Caesar Goodson was responsible for Gray's safety, and Porter acted the way that any reasonable officer would have.

More: Closing Arguments

Legal experts said proving someone is guilty because of something they didn't do is difficult. In this case, there is no surveillance video inside the van, no witnesses and no unequivocal evidence showing exactly when Gray's neck was broken during the police transport.

"This case is an interesting case, because it evokes a good deal of emotion and visceral response to evidence," said defense attorney Warren Brown, who is observing the trial.

"There has to be some sympathy for Officer Porter for being in a position he found himself in that he did not create. The law and the facts are what the jury is wrestling with right now, and they have to be able to look at Officer Porter's different statements to detectives and the trial jury," University of Maryland Carey School of Law professor Doug Colbert said.

Porter, 26, grew up in east Baltimore. He joined the police force in 2012. Porter was not the arresting officer in the Gray case.

WBALTV.com digital editor Ron Snyder and WBAL NewsRadio 1090 AM reporter Robert Lang contributed to

http://www.wbaltv.com/news/jury-in-trial-of-officer-william-porter-resumes-deliberating/36990428/
* short videos on link *

So...it was an all black, male jury?

I think the person responsible for transporting the prisoner should be at fault for not securing the prisoner. However there are inherent risks just doing that. But if the prisoner was cleared for transport and he was not a medical doctor and could not know if the prisoner was injured prior to, during, or after he was in the van I don't see a clear ad prevailing liability.

Simply asking for medical intervention does not rise to the level of "need" when you are under arrest. Prisoners frequently attempt to plead a number of stressors that do not prove out.

However once in custody the state is responsible for maintaining a reasonable degree of safety but I do not know if state regulation REQUIRES the passenger to be restrained. (Surprising because I would want that if only for public safety.) If not there would be no claim I would reason. Different municipalities different rules. Ideally this kind of situation will prompt more consistent policies.

My feeling is if you get yourself arrested you are not entitled to medical care until you are secured in a facility unless jeapordary of life is clearly evident to any reasonable person. Specifically why I wear a medical alert bracelet and actually drew medical "needs " on demonstrators with sharpies when we peacefully demonstrated years ago because you do not know when things can get out of hand.

Any reasonable person would assume cuffed and shackled even a non-injured passenger could be injured by any number of scenarios but if no one can documented the van was miss handled that is pretty hard to prove if the other passengers were not injured.

As a person of color cooperating with being arrested would be my first inclination for my own safety but yes I have been manhandled by police and they were not always careful/professional about it. I do not abide by "street Justice" mentality.

Is that right Sassy?

You guys are joking ..right?
No, of course not.
A variety of men & women.

And the defense & the accused does have just as much say as the prosecution as to who the jury choices are.

Many want women on a jury, they assume women are more sympathetic. But statically this is NOT true. Women are far more likely to want the death penalty than men.
I guess men tend to to think..' Oh he messed up, forgive him' & women may tend to think ' the world is better off with out him '.... Yea.. That's it
.
There were 5 women on this jury.

Judge Barry Williams is having 'chamber meetings' today to discuss a new trial date. * 5 hrs ago *

http://touch.baltimoresun.com/#section/-1/article/p2p-85339742/ *28 pics *

Mayor Stefanie Rawlings- Blake is disgusted with the media (it may be the only thing I ever agreed w/her on), she doesn't like the phrasing they have been using, For example: 'Baltimore On Edge'. She said " We are not on edge, we are prepared "
I agree with this, simply because of the media making matters worst. And the entire state was preparing. They would be fools, not to.

But of course she is saying it, because she made matters worst, in EVERY way imaginable. Especially her orders/quotes to police. Disgraceful. And she will never live that down. Or the subsequent riots.And I am sure she is concerned about her career (& her husband's & his friends...).

The media, IMO did try to make matters worst yesterday. I didn't want to look or even read it, I was so disgusted.
Why send a tiny, skinny white woman, with blonde hair into a mod of angry black guys, (under 25), & ask them questions to make them rant? SMFH! For the camera of course & so that the world thinks it is 1964!

For the most part, it was 'peaceful' last night. The media said 'protesters gathering through out the city', was exaggerated.
There were groups of people who walked to City Hall, some locking arms & chanting & blocking traffic.
But it was NOT an entire city protesting (or upset or angry). * It wasn't last time either. That was lots of people, in a barbaric frenzy, trying to take over a city, destroy it & steal from it.*

There will few arrests, that were actually related to the protest. I only heard of two.
There were people on social media, trying to spread fear & hate. Some even trying to & connect the usual criminal activity (shootings & arrests & resiting arrest) to racism & police brutality.

SMFH! So I will say it again. Baltimore Maryland is a BLACK city, run by BLACK people, including BLACK cops, fire & rescue.
And criminals have NO respect for authority. Especially when police are trying to arrest them.

I do believe that the main reason it was relatively peaceful was because people knew, 'mob mentality/ behavior was NOT going to be tolerated this time.* It certainly was last time, by the mayor's own orders to police * She was like a female NERO watching Rome burn.

As for the case itself. I am totally disgusted with it.
Morally are these cops responsible for Gray's death? IMO -YES. But like the legal experts are saying, ' legally NO'. I completely understand why there was a hung jury.
It must of been extremely stressful trying to separate their own opinion from fact & lack of evidence & police trying to do their job with the least corporative element of society.

I think it is a disgrace that all six cops have to have their (individual) trials in Baltimore. IMO this in intentional & for totally unspiritual political reasons, that I may not want to know.

so,the Circus will continue after the Holidays!

You got that right. I was reading articles on taxes. * Lots of jokes & slogans about Maryland & taxes.. If they can tax it, they will *.
I found one article in a Baltimore paper that tried to make ' historical building tax deduction ' racial.
Nothing but ' word play '. It said,
' Tax reductions for non black neighborhoods'.

sometimes I think that aspiring Politicians have to take special secret Courses in Double-Speak!

From what I heard it was a hung jury. This is sad. Going forward these people wont get a fair trial because juries are going to be afraid of acquitting because of the thugs throwing temper tantrums and wrecking the city because they found someone not guilty.

It's forcing a guilty verdict no matter if the subject is guilty or not they will find him guilty because they are scared of feeling like they caused the next riot because they did their job and found the subject guilty.

No new trial date set yet in Officer Porter case - at least 4 options

Next officer scheduled to be tried January 6th, 2016... But now that trial & all others may be set back.

Baltimore News, Weather and Sports - Maryland News - WBAL Channel 11 http://www.wbaltv.com/



* correction : earlier I stated there were 5 women on the jury, but there was actually 7*

Severe weather warnings for the past 4 hours & counting.

All taunting of police, bottle & brick throwing, protests, marching, rioting, looting, car flipping, random assaults, & arson has been postponed until further notice.