Photo Courtesy of International Business Times
Jurors deliberated more than 16 hours over three days but still could not reach a verdict in the trial of the first officer to face prosecution in Freddie Gray’s death, forcing an already-weary Baltimore to continue waiting for any resolution in a case that has strained the city for months.
Hours after Baltimore Circuit Court Judge Barry G. Williams declared a mistrial on Wednesday, court officials announced that he would meet with attorneys Thursday to determine a new trial date.
Perhaps no outcome could have better represented the mood here, where residents are deeply divided about what led to and who should be held responsible for the fatal neck injury Gray suffered in the back of a police van in April. Riots ripped through West Baltimore on the day of his funeral as the incident became a defining moment in the national movement protesting the treatment of African Americans by law enforcement.
The jury – made up of what appeared to be seven black and five white members 0 failed to reach unanimity on a single charge after hearing two weeks of passionate legal arguments and contradictory witness testimony, leaving prosecutors to try Officer William G. Porter a second time. He has pleaded not guilty to involuntary manslaughter, second-degree assault, misconduct in office and reckless endangerment.
Outraged by the news, more than 100 protesters confronted deputies in downtown Baltimore on Wednesday night. But Gray’s family – which in September agreed to a $6.4 million wrongful death settlement from the city – pleaded with residents to stay patient and let the judicial process work.
“Once again, we are asking the public to remain calm,” the family said in a statement. “If we are calm, you should be calm too.”
The mistrial, legal experts said, may upend prosecutors’ plans to quickly try the five other officers who have been charged in the case.
The van’s driver, Officer Caesar R. Goodson Jr., is scheduled to go on trial Jan. 6, when he will face the case’s most serious charge: depraved-heart second-degree murder.
“Officer Porter shifted blame to the van driver, Officer Goodson, in his testimony,” said Warren Alperstein, a defense lawyer and former Baltimore prosecutor. “The state had hoped to use Officer Porter’s testimony against Goodson at his trial. With a case possibly pending against Porter, he could invoke his Fifth Amendment right not to testify.”
Attorneys are probably desperate to learn whether the jury, which has been guaranteed anonymity by the judge, was leaning in either direction.
The fact that they were deadlocked on all charges – and couldn’t even convict Porter of a relatively minor misconduct count – is probably a good sign for the defense, said David Felsen, a Maryland defense lawyer. But he cautioned that their indecision is difficult to interpret without talking to them.
“Maybe,” he said, “that’s just one hold-out juror who didn’t want to convict a police officer of anything.”
After the trial’s end, Baltimore State’s Attorney Marilyn J. Mosby, who drew national attention when she announced the charges in May, hugged the prosecutors and quickly exited the courtroom, telling reporters with a smile that a court-issued gag order meant she could say nothing.
How the broader community will react in the days to come is hard to predict. Baltimoreans had long anticipated and, in some cases, dreaded a verdict. Many in Gray’s West Baltimore neighborhood – known for its poverty, violence and steadfast distrust of police – feared that if several or even just one officer were acquitted, more upheaval would inevitably follow.
In a city that is also contending this year with a record-high murder rate, government officials have quietly braced for a backlash. The police department banned officers from taking leave, area schools warned students not to participate in civil unrest and politicians begged residents to remain peaceful.
The corner of Pennsylvania and North avenues – where a CVS was looted eight months ago on live TV – remained largely quiet Wednesday night.