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	<title>Michael Schatzow &#8211; Baltimore Magazine</title>
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	<title>Michael Schatzow &#8211; Baltimore Magazine</title>
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		<title>​Officer Charged in Freddie Gray Case Takes Witness Stand</title>
		<link>https://www.baltimoremagazine.com/section/community/officer-charged-in-freddie-gray-case-takes-witness-stand/</link>
		
		<dc:creator><![CDATA[Ron Cassie]]></dc:creator>
		<pubDate>Wed, 09 Dec 2015 21:35:00 +0000</pubDate>
				<category><![CDATA[News & Community]]></category>
		<category><![CDATA[Douglas Colbert]]></category>
		<category><![CDATA[Freddie Gray]]></category>
		<category><![CDATA[Joe Murtha]]></category>
		<category><![CDATA[Michael Schatzow]]></category>
		<category><![CDATA[Warren Brown]]></category>
		<category><![CDATA[William Porter]]></category>
		<guid isPermaLink="false">https://www.baltimoremagazine.com/?p=69768</guid>

					<description><![CDATA[Baltimore police officer William Porter, facing charges related to the death of Freddie Gray from injuries suffered while in a police transport van, took the witness stand in his defense Wednesday. Porter, the first of six officers to be tried separately in Gray’s death, has been accused of involuntary manslaughter, reckless endangerment, second-degree assault, and &#8230; <a href="https://www.baltimoremagazine.com/section/community/officer-charged-in-freddie-gray-case-takes-witness-stand/">Continued</a>]]></description>
										<content:encoded><![CDATA[<p>Baltimore police officer William Porter, facing charges related to the death of Freddie Gray from injuries suffered while in a police transport van, took the witness stand in his defense Wednesday.</p>
<p>Porter, the first of six officers to be tried separately in Gray’s death, has been accused of involuntary manslaughter, reckless endangerment, second-degree assault, and misconduct in office. More than once during his cross-examination, Porter and Chief Deputy State&#8217;s Attorney Michael Schatzow got into combative exchanges.</p>
<p>&#8220;You did not protect Freddie Gray&#8217;s life, did you?&#8221; Schatzow asked Porter just before one court break.</p>
<p>&#8220;Untrue,&#8221; said Porter. He added: “It’s untrue because Freddie Gray wasn’t injured at the fourth stop and the fifth stop and had he’d been injured, I would’ve called for a medic.”</p>
<p>Porter did testify 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. Porter said he did not believe Gray was injured and wanted to avoid a trip to jail by going to the hospital. No medic call was made until after the transport van’s sixth and final stop at the <a href="https://www.baltimorepolice.org/your-community/your-district/western-district/police-station" target="_blank" rel="noopener noreferrer">Western District</a> police station where Gray was found not breathing.</p>
<p>Schatzow also asked Porter, for example, why he didn’t identify Lt. Brian Rice by name during his recorded interview with internal affairs five days after Gray’s death, indicating that perhaps Porter was trying to protect a fellow officer. Schatzow noted Porter&#8217;s earlier remarks regarding a <a href="http://www.wbaltv.com/news/man-killed-saturday-has-ties-to-baltimore-stop-snitching-dvd/33338434" target="_blank" rel="noopener noreferrer">&#8220;stop snitching&#8221;</a> culture among Baltimore’s criminal element and asked if a similar culture exists in the police department.</p>
<p>&#8220;Absolutely not,&#8221; Porter, 26, said. &#8220;I&#8217;m actually offended that you would say something like that.&#8221;</p>
<p>On the stand, Porter, described a desperate scene at the Western District police station <a href="http://www.baltimoremagazine.net/2015/12/8/bernie-sanders-visits-freddie-grays-sandtown-neighborhood" target="_blank" rel="noopener noreferrer">after Gray</a> was found unconscious with mucus around his mouth and nose.</p>
<p>“It was very traumatic for me also, seeing him in the neighborhood every day, calling his name and not getting a response,” Porter said.</p>
<p>“It felt like an eternity, I don’t know,” Porter said when asked how long it took an emergency medical team to arrive on the scene after Gray was found unconscious.</p>
<p>While Porter expressed concern for Gray’s safety on the stand, he and his defense team also repeatedly said that fellow officer Caesar Goodson, the driver of the transport wagon in which the 25-year-old suffered a broken neck, maintained primary responsibility for Gray.</p>
<p>Prosecutors allege that Porter “criminally neglected his duty&#8221; by failing to seat belt Gray into the back of the police wagon and failing to radio for emergency medical assistance when Gray indicated he needed medical assistance.</p>
<p>Prosecutors say Porter was obligated to do both per department guidelines. The defense claims that whatever the guidelines, in practice, few arrestees are ever seat belted into police transport vans. Porter and his team also brought in a medical expert to testify that Gray likely was not injured until just before arriving at the Western District—after the last time that Porter checked on Gray.</p>
<p>Also in dispute, as Porter spent nearly the entire day on the stand, were what the prosecution described as “discrepancies” in his statements to internal affairs investigators five days after Gray’s death, and his subsequent testimony in court. Porter said any differences in testimony on the witness stand were only additions or elaborations on his recorded interview with internal affairs investigators.</p>
<p>At one point, when prosecutor Michael Schatzow asked Porter why he was providing additional information on the stand that was not part of his interview shortly after Gray’s death, Porter responded, “When I made that statement, I made it as a witness. When I made that statement today, I was a defendant.”</p>
<p>Porter looked at ease and confident during questioning by his attorneys, in contrast to the sharper tone during cross-examination. Schatzow, the state’s lead prosecutor, appeared agitated at times during the cross-examination by Porter’s responses.</p>
<p>Called into question by Schatzow were earlier statements regarding when exactly Porter heard Gray say, “I can’t breathe,” as well as the position of Gray’s body before and after the alleged time of the fatal incident in the van. Prosecutors say Porter initially told internal affairs that Gray said he couldn’t breathe when Porter checked on him at the police van’s fourth stop—not at the first stop, when Porter said it took place on the stand. </p>
<p>Based on the medical examiner’s report, prosecutors also say that Gray’s critical injury during the unsecured ride took place before the fourth of ultimately six stops. Porter testified that Gray was not injured when he checked on him at that point.</p>
<p>Following Porter, Officer Zachary Novak took the stand for the defense. Novak, who was present at Gray’s arrest and later at the Western District station where he testified he pulled an unconscious Gray from the van, had previously been given immunity by prosecutors.</p>
<p>He testified that it is his practice to always call for a medic when an arrestee requests medical assistance. He also testified that only about 10 percent of those he’s personally arrested have been secured in police vans by seat belts.</p>
<p>University of Maryland law professor <a href="http://www.baltimoremagazine.net/2015/12/1/six-questions-with-maryland-law-professor-about-freddie-gray-case" target="_blank" rel="noopener noreferrer">Douglas Colbert</a>, who has been attending the trial, said he believes prosecutors helped their cause while Porter was on the stand. “I think the prosecution was very methodical in pointing out some discrepancies in Porter’s testimony,” Colbert said. “What I think they’ll do is follow up on those during closing statements.”</p>
<p>Ultimately, Colbert said, the case may come down to whether the jury trusts Porter’s testimony on the stand—that he never witnessed any indication Gray was injured, for example—or goes by his earlier recorded testimony to internal affairs. As far as testimony from various experts and character witnesses, Colbert said, “What’s wonderful about our jury system is that they are able to distinguish the relevant from the irrelevant.”</p>
<p>Prominent Baltimore defense attorney <a href="http://www.wabrownlaw.com/" target="_blank" rel="noopener noreferrer">Warren A. Brown</a>, also attending Wednesday’s trial, said he believes that prosecutors have focused too much on whether Porter should’ve have called for potentially life-saving medical assistance earlier. He thinks the prosecution would be better served by concentrating on Porter’s failure to seat belt Gray. “There are too many questions around when Gray’s injury took place,” Brown said.</p>
<p>Brown also said he thought Porter acquitted himself well on the stand, adding, however, that putting defendants on the stand sometimes raises the bar in jury’s minds—from the prosecution merely proving beyond a reasonable doubt to proving innocence. </p>
<p>As far as the verdict, Brown said he can’t make a prediction.</p>
<p>“It’s 50-50. It could go either way.”</p>
<p><em>*Presiding Judge Barry G. Williams has said that Porter&#8217;s trial will conclude no later than Dec. 17. The other five trials are scheduled as follows:</em></p>
<p><i> Ofc. Caesar Goodson: January 6, 2016, </i></p>
<p><i>Sgt. Alicia White: January 25, 2016, </i></p>
<p><i>Ofc. Garrett Miller: February 9, 2016</i></p>
<p><i>Ofc. Edward Nero: February 22, 2016</i></p>
<p><i> Lt. Brian Rice: March 9, 2016</i></p>

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		<title>Prosecution and Defense Lay Out Strategies in Porter Trial</title>
		<link>https://www.baltimoremagazine.com/section/community/prosecution-and-defense-lay-out-strategies-in-police-officer-trial/</link>
		
		<dc:creator><![CDATA[Ron Cassie]]></dc:creator>
		<pubDate>Thu, 03 Dec 2015 02:59:00 +0000</pubDate>
				<category><![CDATA[News & Community]]></category>
		<category><![CDATA[Baltimore City Circuit Court]]></category>
		<category><![CDATA[Barry Williams]]></category>
		<category><![CDATA[Freddie Gray]]></category>
		<category><![CDATA[Michael Schatzow]]></category>
		<category><![CDATA[William Porter]]></category>
		<guid isPermaLink="false">https://www.baltimoremagazine.com/?p=69741</guid>

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			<p>In their opening statement late Wednesday morning, Baltimore prosecutors alleged Ofc. William Porter was “grossly indifferent” and “criminally negligent for failing to do his legal duty when he had the duty and obligation to help” Freddie Gray when the 25-year-old Gray requested and needed medical attention.</p>
<p>In their opening statement Wednesday afternoon, defense attorneys for Porter described the officer as well-intentioned, but inexperienced and ill-served by misguided police department practices and inept communication methods.</p>
<p>Also in dispute was the timeline of Gray’s ultimately fatal spinal cord injury.</p>
<p>Baltimore City Chief Deputy State’s Attorney <a href="http://www.stattorney.org/office/executive-team/563-michael-schatzow-chief-deputy-state-s-attorney" target="_blank" rel="noopener noreferrer">Michael Schatzow</a> told the jury that Porter was present at five of the six stops that the police transport van made with Gray, and that by the fourth stop, Gray’s deadly injury had occurred and his condition was worsening. Schatzow said that Gray had requested medical attention, said he couldn&#8217;t breathe, and his pleas for help were ignored.</p>
<p>Schatzow also noted that Gray was never secured into the police transport van with a seatbelt—per department rules.</p>
<p>“There was no reason not to put him in a seatbelt unless he [Porter] didn’t care,” Mr. Schatzow said.</p>
<p>Defense attorney Gary Proctor told the jury that Porter did not believe that Gray was injured at the fourth stop, but had been feigning injury in hopes of being taken to the hospital instead of jail. Proctor added it was not Porter who initially arrested Gray and therefore not his responsibility, or not his responsibility alone, to properly secure Gray. Proctor described Porter as a caring young man, who sought to serve his community as a police officer after being rejected for military service because of colorblindness.</p>
<p>While Gray&#8217;s death is tragic, Proctor said, &#8220;so is charging someone who did not precipitate it.&#8221;</p>
<p>Proctor concluded his opening statement by turning a rallying cry used by activists protesting police brutality issues on its head. He told jurors: &#8220;Let&#8217;s show Baltimore the whole damn system is not guilty as hell.&#8221;</p>
<p>Jury selection was completed earlier Wednesday, with five black women, three white women, three black men, and one white man seated. Three white men and one black man will serve as alternates. Porter, the 26-year-old defendant, is black. He’s charged with involuntary manslaughter, second-degree assault, reckless endangerment, and misconduct in office.</p>
<p>Baltimore City Circuit Court Judge <a href="http://msa.maryland.gov/msa/mdmanual/31cc/html/msa14461.html" target="_blank" rel="noopener noreferrer">Barry G. Williams</a> previously stated that Porter’s trial is scheduled to conclude by Dec. 17.</p>
<p>Porter is being tried first, prosecutors have stated, because he is expected to be a material witness in the case against Officer Caesar Goodson, the driver of the police transport van, where Gray’s severe spinal injury is said to have occurred. Goodson faces the most serious charges—including second-degree murder and criminally negligent manslaughter by vehicle—of the six officers going to trial. His trial is set for January 6.</p>
<p style="text-align: left;">Porter&#8217;s trial is expected to be a bellwether for the other police officers&#8217; trials that follow. The potential witness list in Porter&#8217;s trial includes roughly 200 people, a majority of whom are Baltimore police officers, detectives, and ranking members of the department—likely to testify either to Porter’s character or problems within the department. Included on the list are Kevin Moore, the citizen who shot the video of Freddie Gray being arrested, former police commissioner Anthony Batts, and Baltimore City State’s Attorney Marilyn Mosby, who sat in the courtroom yesterday observing and occasionally consulting with the prosecution team. Also in court were members of Freddie Gray’s family and Baltimore Fraternal Order of Police president Gene Ryan.</p>
<p>The first witness was also called Wednesday. Baltimore police officer Alice Carson-Johnson, an 18-year veteran and academy instructor, trained Porter in emergency medical care as a cadet in 2013. She was asked by prosecutor <a href="http://www.stattorney.org/office/executive-team/580-janice-bledsoe-deputy-state-s-attorney-of-criminal-justice" target="_blank" rel="noopener noreferrer">Janice Bledsoe</a> what officers are trained to do when someone requests medical assistance.</p>
<p>“I always teach the officers if someone requests for a medic, then you call for a medic,” Carson-Johnson said.</p>
<p>Emergency medical assistance for Gray was not called until six minutes after the transport van had arrived at the Western District police station and Gray was found unconscious.</p>
<p>On cross-examination, defense attorney <a href="https://ricelawmd.com/about/attorneys/joseph-murtha/" target="_blank" rel="noopener noreferrer">Joe Murtha</a> questioned if there was any post-academy emergency medical training for Porter and highlighted the challenges officers deal with in properly assessing whether individuals are experiencing an actual medical emergency.</p>
<p>“I can understand why the prosecution is putting her [academy instructor Carson-Johnson] on the stand first,” said University of Maryland law school professor <a href="http://www.baltimoremagazine.net/2015/12/1/six-questions-with-maryland-law-professor-about-freddie-gray-case" target="_blank" rel="noopener noreferrer">Douglas Colbert</a>, who has has been court observing the trial. “This is a crucial time—talking about the training Porter received.”</p>
<p>On the other hand, Colbert noted, the defense is trying to raise reasonable doubt “wherever it can right now.”</p>

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		<title>Freddie Gray Trials Will Stay in Baltimore</title>
		<link>https://www.baltimoremagazine.com/section/community/freddie-gray-trial-will-stay-in-baltimore/</link>
		
		<dc:creator><![CDATA[Ron Cassie]]></dc:creator>
		<pubDate>Thu, 10 Sep 2015 12:20:00 +0000</pubDate>
				<category><![CDATA[News & Community]]></category>
		<category><![CDATA[Baltimore People's Power Assembly]]></category>
		<category><![CDATA[Clarence M. Mitchell, Jr. Courthouse]]></category>
		<category><![CDATA[Freddie Gray]]></category>
		<category><![CDATA[Gene Ryan]]></category>
		<category><![CDATA[Judge Barry Williams]]></category>
		<category><![CDATA[Marilyn Mosby]]></category>
		<category><![CDATA[Michael Schatzow]]></category>
		<category><![CDATA[Stephanie Rawlings-Blake]]></category>
		<guid isPermaLink="false">https://www.baltimoremagazine.com/?p=68511</guid>

					<description><![CDATA[Baltimore City Circuit Court judge Barry Williams ruled Thursday morning that the trials of the six police officers involved in the arrest and fatal transport of 25-year-old Freddie Gray, who suffered a severe spinal injury while in police custody, will remain in Baltimore City. Williams rejected pre-trial motion arguments by defense attorneys that their clients &#8230; <a href="https://www.baltimoremagazine.com/section/community/freddie-gray-trial-will-stay-in-baltimore/">Continued</a>]]></description>
										<content:encoded><![CDATA[<p>Baltimore City Circuit Court judge Barry Williams ruled Thursday morning that the trials of the six police officers involved in the arrest and fatal transport of 25-year-old Freddie Gray, who suffered a severe spinal injury while in police custody, will remain in Baltimore City.</p>
<p>Williams rejected pre-trial motion arguments by defense attorneys that their clients would be unable to get a fair trial in city. Defense attorneys argued that media coverage, statements by Baltimore state’s attorney general <a href="http://www.baltimoremagazine.net/2015/5/1/criminal-charges-filed-against-six-police-officers-in-freddie-grays-death" target="_blank" rel="noopener noreferrer">Marilyn Mosby</a>, the riots that broke out after Gray’s death, a leak of the medical examiner’s report, as well as the City’s recent  $6.4 million civil settlement with Gray’s family, had prejudiced the city’s 622,00 residents—and potential 275,000 jurors—against the six police officers to the point where impounding impartial juries was impossible.</p>
<p>Williams said the defense team’s argument—made by attorney Ivan Bates, representing Sgt. Alicia White in the case—“did not carry the day” and did not reach the burden requiring a change of venue set forth by Maryland&#8217;s state constitutions and U.S. Supreme Court.</p>
<p>The Baltimore <a href="http://peoplespowerassemblies.org/" target="_blank" rel="noopener noreferrer">People&#8217;s Power Assembly</a>, which has protested in the past against police brutality, demonstrated in front of the Clarence M. Mitchell, Jr. Courthouse on North Calvert as they had before last week’s hearing.</p>
<p>After the ruling, exuberant demonstrators, a relatively small but vocal group numbering in the dozens shouted, “That trial stays here! The trial stays here!”</p>
<p>Earlier, interim Baltimore City police commissioner <a href="https://www.washingtonpost.com/local/crime/baltimores-interim-police-commissioner-on-mission-to-mend-ties/2015/08/15/5cbd2310-36c2-11e5-b673-1df005a0fb28_story.html" target="_blank" rel="noopener noreferrer">Kevin Davis</a> showed up at the peaceful protests at the courthouse. Some demonstrators were not happy to see Davis, chanting, “Commissioner go home!”</p>
<p>“This is Baltimore&#8217;s time to get it right. Citizens ought to be able to look into the eyes of the defendants,” said Rev. C. D. Witherspoon. “It’s important that it stays in Baltimore. Just as it was important that Marilyn Mosby be allowed to continue in the case; just as it was important that the charges be allowed to stand.”</p>
<p>University of Maryland law professor Douglas Colbert noted that moving jurisdictions is &#8220;rarely ever done.&#8221; He called the ruling &#8220;critical.&#8221;</p>
<p>Prior to the hearing, Colbert said removing the case to another jurisdiction &#8220;would almost be an insult to residents of the city.&#8221;</p>
<p>“I believe in our jury system more than any other part of our legal system,” Colbert said.</p>
<p>Those sentiments were echoed by Michael Schatzow, the chief deputy state&#8217;s attorney for Baltimore City, in rebutting the defense team’s effort to remove the case from the city’s jurisdiction.</p>
<p>Schatzow also noted that an “incredible amount of discretion” remains in the hands of the trial judge as part of the jury selection process.</p>
<p>“It would be insulting to the citizens of Baltimore [to remove the case to another jurisdiction],” Schatzow argued. “We have a very large, diverse citizenship.”</p>
<p>In making his ruling, Williams essentially concurred with Schatzow, saying, “the citizens of Baltimore are not a monolithic group” and had “the integrity and intellect” to form their own opinions—outside of those expressed by city leaders, clergy, and others.</p>
<p>“To presume prejudice is not fair to the defendants, who have a right to be tried in the jurisdiction where the event occurred,” Williams said.</p>
<p>The pre-trial motion hearing today came one day after mayor Stephanie Rawlings-Blake&#8217;s administration and the City Board of Estimates approved the wrongful death payout to Gray&#8217;s family. That move was praised by some for avoiding potentially even costlier and divisive litigation—and criticized as premature by others—who said the settlement would affect jurors and impact the officers’ ability to receive a fair trial in Baltimore.</p>
<p>In a statement released after the wrongful death settlement was announced, Lt. Gene Ryan, president of Baltimore City Fraternal Order of Police, Lodge #3, called the decision by city officials “obscene and without regard to the fiduciary responsibility owed to the taxpaying citizens of the City.”</p>
<p>Ryan also said the settlement “threatens to interrupt any progress made toward restoring the relationship between members of the Baltimore Police Department and the Baltimore City government.</p>
<p>Rawlings-Blake said the <a href="http://www.baltimoremagazine.net/2015/9/8/city-to-pay-freddie-grays-family-6-4-million-in-settlement" target="_blank" rel="noopener noreferrer">settlement agreement</a> “should not be interpreted as a judgment on the guilt or innocence of the officers facing trial.” She also said that along with potentially saving taxpayers money, the settlement would avoid “protracted litigation that would only make it more difficult for our city to heal.”</p>
<p>A trial date in the Gray case has been set for Oct. 13, though it likely will be pushed back after Williams’ ruled against a motion by prosecutors to try three of the officers together last week.</p>
<p>The six officers are currently set to be tried separately. None have been required to be in attendance at the pre-trial motion hearings.</p>
<p>Baltimore police officer Caesar Goodson faces the most serious charge—second-degree “depraved-heart” murder—in the death of Gray, who was fatally injured while being transported in a van driven by Goodson. Lt. Brian Rice, Sgt. Alicia White and officer William Porter face manslaughter charges. All six of the officers, who also include Edward Nero and Garret Miller, have been charged with second-degree assault, misconduct and reckless endangerment.</p>
<p><img decoding="async" src="https://52f073a67e89885d8c20-b113946b17b55222ad1df26d6703a42e.ssl.cf2.rackcdn.com/FreddieGrayArrest.jpg"></p>

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