Baltimore Circuit Judge Barry Williams ruled Wednesday that police Officer William Porter will have to appear and testify during the upcoming trial of Officer Caesar Goodson. But Porter’s lawyers say they won’t let that happen without a fight.
Defense attorney Gary Proctor said he would seek to block the ruling.
Porter and Goodson are two of six city police officers charged in the death last April of Freddie Gray. Porter is charged with involuntary manslaughter, second degree assault, reckless endangerment and misconduct in office. His first trial ended in a hung jury and a re-trial is scheduled in June.
Proctor argued during an afternoon hearing that forcing Porter to testify would violate his right to protect against self-incrimination. But Williams granted an immunity that allows the charges against Porter to stand, but that forbids using his testimony against him during his next trial.
Prosecutors are seeking to have Porter testify in Goodson’s trial, as well as that of Sgt. Alicia White.
Goodson, who was driving the van that carried Gray to the Western District station, faces the most serious charges in the case, second degree depraved heart murder, manslaughter, vehicular manslaughter, second degree assault and misconduct in office.
White, who was the supervisor on duty the day Gray was arrested, is charged with involuntary manslaughter, second degree assault and misconduct in office. Her trial is to start January 25.
Williams re-affirmed earlier rulings that the trial would not be moved from Baltimore and that jurors would be anonymous, but not sequestered, as they were during Porter’s trial. And he held that jurors would get to see the van where prosecutors say Gray sustained the injuries that led to his death.
Jury selection is to begin Monday in Goodson’s case, but that could be delayed, depending on Porter’s appeal.