The Chatter

New Date Set In Mistrial of First Officer Charged in Freddie Gray Case

Officer William Porter, whose first trial ended in a hung jury, will be retried in June.

A new date was set Monday afternoon for the retrial of the first Baltimore police officer facing charges related to the death of Freddie Gray.

Officer William Porter, whose trial on charges of involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office ended in a hung jury on all four counts last week, will be retried June 13.

The trial date for State of Maryland v. Caesar Goodson Jr.—the second of six officers facing charges related to the death of Gray last April from injuries suffered while in police custody—remains January 6.

Goodson, the driver of the police transport van where the 25-year-old Gray suffered ultimately fatal spinal cord injuries, according to the state medical examiner’s office, faces the most serious charges in the case, including second-degree depraved heart murder.

The new trial date for Porter was selected at a scheduling conference held in Baltimore City Circuit Court Judge Barry Williams’ chambers Monday with the attorneys for the case, according to a press release from the state court system. The June trial date will be formalized and approved at a brief administrative court hearing Tuesday, which Porter is not expected to attend. At the end of his first trial, Porter was advised of his right to appear in administrative court and has since waived his right to appear, according to Maryland courts communications staff.

According to a 2002 study by the National Center for State Courts, roughly 6 percent of state cases taken to jury trial end up in a “hung jury,” a slightly larger percentage than in federal court. Researchers in that study found that the level of complexity in a case, the ambiguity of evidence, police credibility, and defendant believability—all issues in the Porter trial—increase the likelihood of a jury being unable to reach a verdict.

Protests after last week’s declaration of a mistrial in Porter’s case around the courthouse and City Hall were peaceful.

Coming trials in the Freddie Gray case include that of Sgt. Alicia White, also charged with involuntary manslaughter, second-degree assault, misconduct in office, and reckless endangerment. Her trial is set for January 25.

Prosecutors have said they wanted to try Porter first because he was a material witness in their cases against Goodson and White. It’s not clear how the rescheduling of Porter’s trial until June—after the trials of all the other officers now—will affect the prosecutions strategy going forward.

Each officer has pled not guilty to all of the charges filed against them.

Lt. Brian Rice also faces charges of involuntary manslaughter, second-degree assault, misconduct in office, and reckless endangerment. His trial is set for March 9.

Officers Garrett Miller and Edward Nero are each charged with second-degree assault, misconduct in office, and reckless endangerment. Miller’s trial is set for February 9; Nero’s trial for February 22.

*This story will be updated