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Along with the case against Miller, the City State’s Attorney’s Office is dropping charges against Sgt. Alicia White and Ofc. William Porter. White’s trial was scheduled for October and Porter’s retrial—his first trial ended in a hung jury—was scheduled for December. With the dropping of all charges, the gag order imposed in the cases was also rescinded by Baltimore City Circuit Court Judge Barry Williams.

Prosecutors had failed to earn a conviction in the first of four trials of the six officers charged in connection with the death of the 25-year-old Gray, who suffered fatal spinal injuries in custody while being transported in the back of a police van.

Ofc. Caesar Goodson, the driver of the police transport van, was acquitted of all charges, including the most serious facing any of the six officers—second-degree depraved heart murder—in late June. Ofc. Edward Nero and Lt. Brian Rice were acquitted of charges ranging from second-degree assault, reckless endangerment, and misconduct in office.

The timing of the decision this morning by prosecutors was a surprise, but ultimately not wholly unexpected. It comes as apparent acknowledgement of the unlikelihood of earning a conviction in the rest of the cases after the previous acquittal rulings by Williams, who was expected to preside over the remaining trials from the bench as well. Nero, who was on hand in support of Miller, said he was “relieved” by the decision to drop the charges.

At a press conference held at the site of Freddie Gray’s arrest, City State’s Attorney Marilyn Mosby defended her decision to bring charges against the six officers last April.

“Despite that challenges of not having an independent investigatory agency to work with us throughout this process, we still are grateful for the opportunity to show the world the reality of the justice system from start to finish,” Mosby said. “The legitimacy of our prosecution efforts were affirmed time and time again.”

Mosby also placed blame for her office’s failure to successfully prosecute the cases on the Baltimore Police Department. There were “lead detectives that were completely uncooperative and started a counter-investigation to disprove the state’s case by not executing search warrants.”

At every step of the way, Mosby said, due process was afforded to all of the officers.

She said she recognized that Judge Williams made it clear that he does not agree with the State’s theory in the case—essentially that the officers were criminally negligent in detaining and failing to seatbelt Gray—adding that her office “does not believe that Freddie Gray killed himself.”

“As a mother, the decision not to proceed on these trials is agonizing,” Mosby said. “What I’ve ultimately learned throughout this arduous process is that . . . justice is always worth the price paid for its pursuit.”

“For those that believe that I’m anti-police, it’s simply not the case. I am anti-police brutality,” she added to cheers from onlookers gathered at the press conference.

Finally, Mosby said: “Without communal oversight of policing in this community, without real substantive reforms to the current criminal justice system, we could try this case a hundred times, and cases just like it, and we would still end up with the same result.”

Some observers have called for Mosby to step down in light of the failed prosecutions, alleging she over-reached in bringing the charges against the officers initially. George Washington University public interest law professor John Banzhaf III has said he intended to file a complaint against Mosby with the Maryland Attorney Grievance Commission.

Harvard Law School criminal law professor and director of the Criminal Justice Institute, Ronald Sullivan defended Mosby’s decision to bring charges in an op-ed to The Baltimore Sun this week.

In a statement, Mayor Stephanie Rawlings-Blake said the Baltimore Police Department will still complete an administrative review of each officer involved. “I recognize the emotional nature of this case,” Rawlings-Blake said. “The eyes of the nation, indeed the world, have been on Baltimore for a very long time and I thank the citizens of our city for their patience during these trials. Now I ask the citizens to again join me in being patient as the administrative process moves forward.”

The Baltimore Police Department said they would not make a formal comment at this time, but would release a statement later.

“Everybody wanted to find out what happened to Freddie Gray,” Ivan Bates, defense attorney for Sgt. White, commented. “The Baltimore City Police Department did the investigation and they said it was an accident. The [Baltimore City State’s Attorney’s Office] had an opportunity to do an in-depth investigation, and they did not. It is the Baltimore City State’s Attorney’s office that has denied justice to the Gray family.”

Gene Ryan, president of the Baltimore City Fraternal Order of Police, responded to the announcement this afternoon at a press conference.

“The state’s attorney simply could not accept the evidence,” Ryan said. “There was no wrongdoing by any officer.”

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In January, the court postponed Officer Caesar Goodson Jr.’s trial, pending the final ruling on whether Porter can be compelled to testify as a prosecution witness. Porter was the first of six officers tried and his case ended in a deadlocked jury, with a retrial set for June.

Prosecutors said that Porter is a material witness in their cases against Goodson and Sgt. Alicia White, whose trial is scheduled to follow Goodson’s. Porter’s attorneys argued that their client has a fifth amendment right against self-incrimination that he can invoke to avoid being put on the witness stand in the prosecution’s case against Goodson.

Back in December, Porter testified that Gray asked for medical help during his ride in the police transport van and that he told fellow officers about Gray’s request for medical assistance. While Porter expressed concern for Gray’s safety on the stand, he and his defense team also repeatedly said that Goodson, the driver of the transport wagon in which the 25-year-old suffered a broken neck, maintained primary responsibility for Gray.

Steven Levin, a defense attorney and former prosecutor, told the Associated Press that case against Goodson could be hard to prove without Porter’s testimony.

“I don’t think the state can come close to meeting its burden without Porter’s testimony,” Levin said. “I think it could be another hung jury.”

Tuesday’s rulings mean the cases will be sent back to a lower court and the trials can move forward throughout the next several months.

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Judge Barry Williams ruled against motions put forth by attorneys for Baltimore City police sergeant Alicia White and officer William Porter, concluding their statements were legally obtained by internal oversight investigators after White and Porter signed Miranda and state Law Enforcement Officers’ Bill of Rights waivers.

In announcing his decision, Williams said prosecutors had met the burden of proof that White and Porter—whose interviews with police internal oversight detectives were videotaped and briefly shown in court—had been made voluntarily and were not coerced by investigators.

“She had the opportunity to say, ‘No,’ to say she didn’t want to give any statements,” Williams said, referring to White.

“The interview was not done with undue influence,” Williams said in denying Porter’s motion to suppress his statements to police investigating Gray’s death from spinal cord injuries suffered while in custody.

Williams also canceled a pre-trial motion hearing set for Wednesday morning and placed a gag order on attorneys for the remainder of trials, banning prosecutors and defense lawyers from discussing the cases with the media and anyone beyond their legal teams. Among other leaks in the case to date, The Baltimore Sun obtained a copy of the autopsy report.

Prosecutors from the city state’s attorney office allege that Gray asked police officers for medical attention, but that he did not receive care until he was found unresponsive upon reaching the police station after multiple stops. Prosecutors have also said—as did then police commissioner Anthony Batts earlier this year—that Gray was not secured and seat-belted in the police van, contrary to department policy.

Motions to suppress statements by three other officers charged were withdrawn by their defense attorneys Tuesday morning.

The sixth defendant, officer Caesar Goodson Jr., who faces the most serious charge, second-degree depraved heart murder, had refused to give a statement to police investigators. Goodson was the driver of the transport van in which Gray suffered his fatal spinal injury.

All the officers facing criminal charges, White, Porter, and Goodson, as well as Lt. Brian Rice and officers Edward Nero and Garrett Miller, appeared in court Tuesday, sitting together.

Baltimore city state’s attorney Marilyn Mosby, who announced the charges against the police officers in a high-profile press conference last spring, was also present in the courtroom. However, Mosby sat a row behind chief deputy state’s attorney Michael Schatzow and deputy state’s attorney Janice Bledsoe, who handled the prosecution’s efforts in front of Williams.

Porter’s trial is scheduled first, for Nov. 30, and his statement—allegedly confirming that Gray asked for medical care, according to reporting by The Baltimore Sun—is considered critical to prosecutors’ cases against other officers. Porter is charged with involuntary manslaughter, reckless endangerment, and second-degree assault, as is Rice.

White, as well as officers Nero and Miller, is charged with second-degree assault, reckless endangerment, and misconduct in office.

Goodson’s trial is set for Jan. 6 and White for Jan. 25, with the other trials scheduled for February and March. The six officers, all free on bail, have pleaded not guilty to every charge.

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