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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 With the dropping of all charges, the gag order imposed in the cases was also rescinded by Baltimore City Circuit Court Judge Barry Williams.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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Baltimore police officer Edward Nero was acquitted Monday morning of all four charges he faced related to the arrest of Freddie Gray, who died of spinal cord injuries suffered while in police custody last April.

Nero had pled not guilty to assault, reckless endangerment, and two counts of misconduct in office. He had opted for a bench trial instead of a jury trial and Baltimore Circuit Court Judge Barry Williams announced his ruling at 10:35 a.m. this morning in a packed courtroom after closing arguments concluded last week. A small group of activists gathered outside the downtown courthouse to protest the decision.

Prosecutors had alleged that the 30-year-old officer arrested Gray without probable cause, thereby committing second-degree assault. They also accused Nero of negligence when he failed to seatbelt Gray after helping to load him into the back of a transport van. Defense attorneys for Nero, as well as those for Officer William Porter, whose previous case related to Gray’s arrest and death ended in a hung jury, argued that ultimate responsibility for buckling detainees rests with the transport van driver.

The second-degree assault charge had carried a maximum of 10 years in prison while the reckless endangerment charge carried a five-year maximum term.

Rep. Elijah Cummings held a press availability Friday to urge Baltimore residents to respect the outcome of the trial regardless of the verdict. “The future of our community will not be defined at the moment of the verdict, but in the days and years that will follow,” Cummings said.

Gray, who was handcuffed and eventually shackled at his legs—but never buckled into a transport van seat per police guidelines—died a week after he was found unresponsive in the back of the police van after its arrival at the Western District station. Protests erupted not long afterward, and looting, rioting and arson broke out on the night of his funeral, prompting a citywide curfew.

Baltimore Deputy State’s Attorney Janice Bledsoe described Gray’s arrest as unjustified in her closing argument Thursday. Defense attorneys said Nero and Officer Garrett Miller, who were both on bicycles when they stopped Gray on the morning of April 12, 2015, had a legitimate cause to initially detain Gray because he’d run from police in a high-crime area.

Williams said in reading his verdict that Nero had essentially acted in a manner that “a reasonable officer” could be expected to act during his relatively minor role in Gray’s arrest and transport—as testified by Miller, eyewitness Brandon Ross, and presented in available video. Williams also said the state failed to document that Nero had received proper police training in the transportation of detainees, or that he’d opened and read a mass departmental email sent to his account three days before Gray’s arrest, which explained that seatbelting detainees was a requirement.

Baltimore defense attorneys and legal analysts following the trial were not surprised by Nero’s acquittal.

“The decision is what I expected. The state took a risk in bringing these charges [against Nero]. Some would say unreasonable risk,” attorney J. Wyndal Gordon said outside the courthouse afterward. ‘This case was kind of dead in the water from the very beginning. The evidence wasn’t there.”

Gordon said if the prosecution could not overcome defense arguments in the Nero case—essentially that he acted reasonably given his training and police department practice—they were unlikely to win convictions against other officers facing similar charges. “There is a slim, nominal, sliver of hope for prosecutors with [Officer] Caesar Goodson, the driver of the van, who [police experts have testified] basically bore the duty for securing Freddie Gray.”

As far as police leadership accountability, Gordon pointed to the $6 million city civil settlement with Gray’s family. “As far as holding police leadership criminally responsible, I don’t see it.”

Tessa Hill-Aston, Baltimore chapter president of the NAACP, noted the difficulty for Gray’s family in going through six separate trials. She indicated frustration that officers assigned to minority neighborhoods—”who are chasing and arresting black men and probably don’t want to be there in first place”—haven’t received proper training, according to the department’s own testimony. She also indicated frustration that the responsibility for the failure to properly seatbelt Gray has been passed from one officer to the next thus far at the two trials.

“Police rules have at least changed for the better since [Gray’s death]—I’ve read them.” Hill-Aston said. “In the future, no officer will be able to claim it was someone else’s responsibility—a superior officer or the driver. It is everyone’s responsibility now.” She added that she retains some optimism that at least one of the six officers will eventually be held criminally responsible in Gray’s death. “I have hope. I have to.”

Longtime Baltimore defense attorney Warren Brown believes Judge Barry Williams will subsequently recuse himself from Officer Garrett Miller’s upcoming trial—since Miller testified at Nero’s trial—and most likely from the other trials as well, which could cause further delays. “Legally, he’s not required, but after serving as trier of fact in this case, I think he will,” Williams said. “I also think he must be getting tired of all these trials.”

Warren Alper­stein, a Baltimore defense attorney whose clients include police officers in civil and criminal cases, told The Washington Post that a guilty verdict in Nero’s case could have a “dramatic chilling effect on Baltimore police officers, who would be reluctant to conduct a lawful stop and detention for fear that if they make a mistake they will be prosecuted despite acting in good faith.”

Before the Nero trial, University of Maryland law professor Douglas Colbert said he believed that “the prosecution is sending a message there have been far too many arrests in Baltimore that have occurred without probable cause.” Afterward, Colbert said that while Nero certainly is relieved to be able to go back to living a normal life, other police officers will be more careful to arrest people only when they have probable cause, to interrogate individuals before they are handcuffed, and provide people the protection when arrested that they need.

Nero was the second of six officers to stand trial in the case. Officer William Porter’s manslaughter trial ended in December with a hung jury. He is scheduled to be tried again in September.

Officer Caesar Goodson Jr., the transport van driver, faces the most serious charge—second-degree depraved heart murder—and his trial is scheduled to begin next, on June 6.

Officer Garrett Miller, who faces similar allegations as Nero, and Lt. Brian Rice, who faces a manslaughter charge, are scheduled to go to trial in July. Sgt. Alicia White, a supervisor who arrived on the scene of Gray’s arrest and transportation, also faces manslaughter charges, among other allegations. Her trial is scheduled for October.

All the officers have pleaded not guilty.

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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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Goodson, 46, was the driver of the police van in which Freddie Gray suffered his fatal spinal cord injury and faces the most serious charge—second-degree, depraved heart murder—of the six officers charged in Gray’s death.

Prosecutors had planned to have Porter, who checked on Gray during the 25-year-old’s 45-minute ride in the van, testify against Goodson. But now it is unclear whether Porter can be compelled to testify.

Last week, Baltimore Circuit Judge Barry Williams ruled that Porter—whose first trial in the case ended in a hung jury—had to testify as a witness against Goodson, despite Porter’s claim of a right against self-incrimination since his charges remain up in the air with a June retrial date. Williams said in ruling that Porter could be compelled to testify because the prosecution’s granting of limited immunity would protect Porter from having his testimony used against him at his second trial.

Immediately after Williams’ decision, however, Porter’s defense team filed for an injunction to prevent their client, who is also under federal investigation, from having to take the witness stand with Maryland Court of Special Appeals. The state appellate court has temporarily blocked Williams’ decision to force Porter to testify until it can make a final ruling.

Porter’s testimony is considered crucial because he allegedly told Goodson that Gray indicated he needed medical assistance.

In staying the start of Goodson’s trial, the Court of Special Appeals wrote that “it is presumably in the interests of all parties” . . . that “the State’s motion to compel the testimony of William Porter be decided be before the commencement of the trial.”

Retired state appellate judge Joseph F. Murphy, Jr. told The Baltimore Sun that the Special Court of Appeals could issue its ruling on the same day as the hearing—or a decision may take more time if the court believes further investigation and deliberation is required.

“At this point, we’re talking about doing it right, not doing it now,” Murphy said.

The appellate court’s ruling could also affect the prosecution’s case against Sgt. Alicia White, whose trial follows Goodson’s. Porter is also expected to be called as a material witness in White’s trial, which had already been pushed back to Feb. 8 and likely will be pushed back further.

The dates for the trials of officers Garrett Miller, Edward Nero, and Brian Rice—currently scheduled through February and March—could also be affected.

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Maryland Judiciary Office of Communications and Public Affairs deputy director Terri Charles told Baltimore magazine that no timeline has been set in the rescheduling of Goodson’s trial as of yet. Initially, a three-judge, Maryland Court of Appeals panel was expected to rule on Porter’s testimony sometime this week or next while Goodson’s trial was underway. Charles said Monday that the state Court of Special Appeals has now asked Porter’s defense attorneys and city prosecutors to file briefs on the matter and that an oral argument hearing will be scheduled before the court rules on whether Porter can be compelled to testify in the Goodson’s trial.

In temporarily staying the start of Goodson’s trial, the Court of Special Appeals wrote that “it is presumably in the interests of all parties” . . . that “the State’s motion to compel the testimony of William Porter be decided be before the commencement of the trial.”

“We’re not allowed to speculate on when the [oral arguments] hearing may take place or what date the trial may rescheduled for,” Charles said.

Porter was the first of the six officers tried on charges related to the death of Freddie Gray. His case ended in a deadlocked jury and his retrial has been reset for June. Prosecutors have said that Porter is a material witness in their cases against Goodson and Sgt. Alicia White, whose trial is scheduled to follow Goodson. Porter’s attorney’s have 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.

The trial of Officer Caesar Goodson Jr., who faces the most serious charge—second-degree, depraved heart murder—of the six police officers charged in the death of Freddie Gray, begins Monday with jury selection.

Goodson, 46, was the driver of the police transport van in which Gray suffered his fatal spinal cord injury, according to the state medical examiner’s office. Second-degree, depraved-heart murder doesn’t require premeditation like first-degree murder, but holds that the alleged perpetrator behaved with a reckless disregard for another person’s life. If guilty, the charge carries a maximum sentence of 30 years.

The Baltimore City State’s Attorney’s Office may have to change their prosecution strategy, however. Prosecutors had planned to have Officer William Porter, who checked on Gray during the 25-year-old’s 45-minute ride in the police transport van, testify against Goodson.

Goodson, prosecutors allege, is the officer most accountable for Gray’s fatal injury because, as the driver of the police transport van, Gray was in his custody. He is also charged with manslaughter, second-degree assault, criminally negligent manslaughter by vehicle, misconduct in office, and reckless endangerment.

Now, as the trial gets underway, it is unclear whether Porter can be compelled to testify.

Last week, Baltimore Circuit Judge Barry Williams ruled that Porter—whose first trial in the case ended in a hung jury—had to testify as a witness against Goodson, despite Porter’s claim of a right against self-incrimination since his charges remain up in the air with a June retrial date. Williams said in ruling that Porter could be compelled to testify because the prosecution’s granting of limited immunity would protect Porter from having his testimony used against him at his second trial.

But immediately after Williams’ decision, Porter’s defense team filed for an injunction to prevent their client, who is also under federal investigation, from having to take the witness stand with Maryland Court of Special Appeals. The state appellate court has temporarily blocked Williams’ decision to force Porter to testify until it can make a final ruling.

The Maryland Court of Special Appeals ruling on whether Porter can be required to testify is expected to come at some point during the trial, but the question is when. Porter’s testimony is considered crucial because he allegedly told Goodson that Gray indicated he needed medical assistance.

The appellate court’s ruling could also affect the prosecution’s case against Sgt. Alicia White, whose trial follows Goodson’s. Porter is also expected to be called as a material witness in White’s trial, which has been pushed back to Feb. 8.

Jury selection in Porter’s trial took two days, so there’s a chance the appellate court’s ruling could come before opening statements in Goodson’s trial are made.

Warren Alperstein, a Baltimore attorney who has been following the cases closely, and defense attorney Steven Levin, a defense attorney and former prosecutor, both 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.”

While some protestors are expected outside the Clarence M. Mitchell Jr. Courthouse downtown, demonstrations are not expected to be widely disruptive this week. Significant protests around Porter’s trial did not materialize until after the announcement of a deadlocked jury on all four charges he faced.

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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

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Following Judge Barry G. Williams declaring a mistrial Wednesday afternoon, tensions grew amongst demonstrators, as a scuffle broke out and at least one protestor was arrested and brought inside the courthouse.

“I’m mad. I’m upset. But I am also not surprised,” said Justin Sanders, 32, of West Baltimore outside the courthouse. “How can anybody be surprised anymore?”

The mistrial was declared after the jury failed to reach a unanimous verdict to acquit or find Porter guilty of involuntary manslaughter, second-degree assault, misconduct in office, or reckless endangerment. Attorneys are due in court tomorrow to set a retrial date.

“It’s part of the process,” said community organizer J.C. Faulk outside the courthouse. “What the city is doing is delaying the inevitable.” While clearly not happy with the court’s ruling, he added, “Now is not the time to put bodies on the line.”

Following the announcement, Mayor Stephanie Rawlings-Blake immediately released a statement, urging citizens to “respect the outcome of the judicial process . . . I urge everyone to remember that collectively our reaction needs to be one of respect for our neighborhoods, and for the residents and businesses of our city.”

Congressman Elijah Cummings echoed the mayor’s sentiment in a statement released Wednesday evening.

“With the eyes of the world on Baltimore City, we must ensure that any protests that take place are peaceful, and we must ensure that the process of healing our community continues,” Cummings said in the statement. “We must continue to channel our emotions into strong, positive change, so that, as a city, we truly see our young men of color before it is too late.”

Similarly, mayoral candidate and City Councilman Nick Mosby released a statement saying, “As a city, we must come together and continue the healing process of working to rebuild trust and improve community-police relations for the safety of residents and our police officers.”

Gene Ryan, president of the Baltimore City Fraternal Order of Police, called the decision “obviously frustrating” in a statement.

“Officer Porter and his attorneys will continue, with the full support of the Fraternal Order of Police, to press for his acquittal,” Ryan said.

City State’s Attorney prosecutors Michael Schatzow and Janice Bledsoe, pictured, left the courthouse without speaking to the media.

As Wednesday evening went on, protestors continued to march from the courthouse to City Hall, just a block away.

Amongst the demonstrators was City Councilman Carl Stokes, who said, to him personally, it was “most bothersome” that Porter’s defense attorneys made the case that their client was not guilty because “nobody follows the rules,” in terms of seat-belting arrestees in transport vans.

Stokes was also upset at the defense for putting all the blame on not securing Gray on the van driver and, ultimately, making the case that it didn’t matter whether Porter called for medical assistance or not because Gray would not have survived his catastrophic injury regardless.

“[Porter] and his fellow officers are accountable and responsible for Freddie Gray’s death,” he said. “But there is a systemic issue as well. There is a culture that has developed within the police department that some of our citizens’ lives are worthless.”

Also following the trial closely was Tessa Hill-Aston, NAACP Baltimore chapter president.

“I’m disappointed,” she said. “I sat in court each day and heard medical testimony and everything else. I know Freddie Gray was in pain. I heard testimony that made me cringe about the pain he was in. And nobody called for help. Somebody has to be responsible and accountable for that.”

Hill-Aston added that she expects protests this evening in the city, but hopes no one will do anything that ends up in an arrest.

“We know what can happen to people when they get locked up,” she said. “I don’t want to see anyone else get hurt.”

Additional reporting was contributed by senior editor Ron Cassie.

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Judge Barry G. Williams declared a mistrial Wednesday afternoon after the jury failed to reach a unanimous verdict to acquit or find Porter guilty of involuntary manslaughter, second-degree assault, misconduct in office, or reckless endangerment.

Attorneys are due in court tomorrow to discuss a retrial and date.

The case of Porter, 26, was sent Monday afternoon to the 12-person jury—made up of four black women, three white women, three black men, and two white men—for deliberation. The maximum sentence for involuntary manslaughter and second-degree assault is 10 years on each count; the maximum sentence for reckless endangerment is 5 years; and the penalty for misconduct in office is left to the judge, in this case, Baltimore City Circuit Court Judge Barry G. Williams. He has been free on bail since May when the charges were announced by City State’s Attorney Marilyn Mosby.

Mayor Stephanie Rawlings-Blake issued the following statement shortly after the mistrial was declared:

“A few minutes ago, Judge Barry G. Williams declared a mistrial in the criminal case of Officer William Porter because the jury was unable to reach a unanimous verdict. It is now up to State’s Attorney Marilyn Mosby to determine whether to further pursue criminal charges. This is our American system of justice. Twelve Baltimore residents listened to the evidence presented and were unable to render a unanimous decision. As a unified city, we must respect the outcome of the judicial process. In the coming days, if some choose to demonstrate peacefully to express their opinion, that is their constitutional right. I urge everyone to remember that collectively, our reaction needs to be one of respect for our neighborhoods, and for the residents and businesses of our city. In the case of any disturbance in the city, we are prepared to respond. We will protect our neighborhoods, our businesses and the people of our city.”

Retired nurse Rosemary Cosgrove, standing outside the Clarence M. Mitchell Jr. Courthouse on Monday, said she believed that Porter shared some blame for Gray’s death.

“It’s unjust trying to put it all on the van driver [Officer Caesar Goodson, who Porter’s attorney maintain had primary custody of Gray],” Cosgrove said. “[Goodson] didn’t have that visual contact with Freddie Gray. It’s definitely a shared responsibility.”

Arthur B. Johnson Sr., a retired Bethlehem Steel worker holding up a “Justice for Freddie Gray” sign, said that he didn’t think Porter should be held responsible for Gray’s death—but that the other officers who arrested Gray, their supervisor, and the van driver—should be convicted on some charges.

“I don’t think Mr. Porter is guilty,” Johnson said. “He checked on him several times.”

Shai Crawley, 20, of East Baltimore, saw it differently. “[Porter] needs to be found guilty,” Crawley said. “He may have not had an immediate role, but he told investigators that Freddie Gray asked him for help.”

Rawlings-Blake, Baltimore Police Commissioner Kevin Davis, and other city officials and leaders (have) expressed concerns about potential protests leading up to the announcement of verdict if the jury returned ‘not guilty’ decisions on the charges.

Baltimore City Public Schools CEO Gregory E. Thornton sent out a letter to parents and families Monday asking for “help in preparing our students to act responsibility and safely in the event that disorders occur.” After the release of the letter, Porter’s defense attorneys asked for a mistrial in the case, claiming a reference to “potentially violent situations” could impact juror’s impartiality, especially if they had children in the school system. Williams denied that request.

Davis, in an open letter to the police department on Monday, implored officers to continue to “take the ideals of service and protection seriously and reject the notion that any particular circumstances or moment can sully our unconditional dedication to our police department, our profession, and our city.” Meanwhile, additional police officers from other jurisdictions were called into the city Tuesday as backup.

At a press availability at his midtown Baltimore office Tuesday, Rep. Elijah Cummings said the verdict has “as much legitimacy as our society can provide.” A former practicing attorney, according to The Washington Post, Cummings said that the judicial system in Porter trial was working as well as it can:

“The state investigated thoroughly, he said, and Porter offered a vigorous defense. He noted that the jury was made up of ‘our neighbors’—citizens of Baltimore—who had to be trusted to reach the right conclusion.

“We will all be on trial in the days and weeks ahead,” Cummings said. “Our future as a more just community will depend more upon our actions than it will upon the decision of Officer Porter’s jury.”

Gray died from severe spinal injuries after suffering a broken neck at some point during a 45-minute, multi-stop ride in a police transport van last April. He was found unconscious and not breathing at the Western District police station. His death last spring after a week in a coma at the University of Maryland Medical Center’s R Adams Crowley Shock Trauma Center sparked arson, property destruction, and looting in the city on the night of April 27, as well as attacks on law enforcement.

Protests in the city over Gray’s death, police brutality, and criminal justice reform issues, in general, have continued since last spring. Meanwhile, homicides in Baltimore have reached unprecedented levels, totaling nearly 330 to date this year.

Five other Baltimore police officers have been charged in the Gray case, including Officer Caesar Goodson, the driver of the transport van, who faces a charge of second-degree depraved heart murder at his trial, scheduled for Jan. 6, 2016.

Closing arguments in Porter’s trial—the first of the six officers to go to trial—concluded Monday.

In Maryland, involuntary manslaughter is defined as the killing of another unintentionally while doing an unlawful act (not a felony), a negligent act, or by negligently failing to perform a legal duty.

Reckless endangerment is defined as conduct that creates a substantial risk of death of serious physical injury to another.

Second-degree assault in Maryland is defined by intentionally causing or attempting to cause serious physical injury to another.

Misconduct in office is described as “corrupt behavior by an officer in the exercise of the duties of his or her office or while acting under color of office,” in the Maryland’s Public Ethics code.

*This story will be updated.

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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’s Attorney Michael Schatzow got into combative exchanges.

“You did not protect Freddie Gray’s life, did you?” Schatzow asked Porter just before one court break.

“Untrue,” 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.”

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 Western District police station where Gray was found not breathing.

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’s earlier remarks regarding a “stop snitching” culture among Baltimore’s criminal element and asked if a similar culture exists in the police department.

“Absolutely not,” Porter, 26, said. “I’m actually offended that you would say something like that.”

On the stand, Porter, described a desperate scene at the Western District police station after Gray was found unconscious with mucus around his mouth and nose.

“It was very traumatic for me also, seeing him in the neighborhood every day, calling his name and not getting a response,” Porter said.

“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.

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.

Prosecutors allege that Porter “criminally neglected his duty” 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.

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.

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.

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.”

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.

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.

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.

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.

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.

University of Maryland law professor Douglas Colbert, 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.”

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.”

Prominent Baltimore defense attorney Warren A. Brown, 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.

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.

As far as the verdict, Brown said he can’t make a prediction.

“It’s 50-50. It could go either way.”

*Presiding Judge Barry G. Williams has said that Porter’s trial will conclude no later than Dec. 17. The other five trials are scheduled as follows:

Ofc. Caesar Goodson: January 6, 2016,

Sgt. Alicia White: January 25, 2016,

Ofc. Garrett Miller: February 9, 2016

Ofc. Edward Nero: February 22, 2016

Lt. Brian Rice: March 9, 2016

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At the outset of the 20-minute walk through one of the city’s most challenging communities, Bryant, pastor of the Empowerment Temple Church, pointed to the bail bonds offices and liquor stores, noting the lack of resources and investment in the area. “This is the kind of businesses we have here,” Bryant told Sanders.

Followed by a throng of media and growing number of local residents, Sanders eventually made his way past at least a dozen boarded up homes to the prominent Freddie Gray mural near Gilmor Elementary School and the Gilmor Homes public housing complex.

“This is where you need to be,” a young mother said to Sanders. “We need day care, we need after-school programs. We need stuff for them [students] to do so there won’t be another riot.”

After touring Sandtown, Sanders returned to the Freddie Gray Empowerment Center at Eutaw Place for an “Ecumenical Roundtable Discussion” with Baltimore faith and social justice leaders to discuss issues of poverty, education, housing, mass incarceration, disparate sentencing, and economic development, including greater investments in urban infrastructure.

“I think it was very worthwhile,” said Rev. Donté L. Hickman Sr. afterward. “I think it’s important not only to see, but to gain a feeling for what’s happening in our urban neighborhoods. I think our pastors came in with thoughtful questions as well for him, and Senator Sanders listened closely to our concerns and what we said we need in our communities.

“For being from Vermont, my first impression was that he is someone who wants to work toward progress,” Hickman added, “and that he is sensitive and empathetic to the issues that persist and affect people in urban communities.”

At one point during his walk, someone asked Sanders directly, “Why are you in Baltimore?”

“Because we have to end the national tragedy of people going to jail, rather than being in school or going to work,” responded Sanders, who maintained a serious, if quiet, demeanor throughout the morning. Time magazine announced Monday that Sanders, who is trailing well behind former Secretary of State Hilary Clinton in Democratic primary polls, won the magazine’s readers’ poll for “Person of the Year.”

Sandtown resident Larry Brown praised Sanders for taking the initiative to visit his neighborhood. “You don’t see many people like that get out of the cars and take the time to walk around,” said Brown, who said he knew Gray well. “Most people are too scared. But we need resources.”

“I told him to keep it real,” said Leona Berry-Bova, who hugged Sanders after the senator stood in front of the Gray mural, created by the Baltimore street artist known as Nether. “I told him, ‘You can’t let anyone take your faith away.’”

“We have 2.2 million people in jail,” said Sanders, adding that the United States incarcerates more of its citizens than any other country. “We’re spending $80 billion a year locking up fellow Americans. Even some of my conservative friends realize that this doesn’t work.” After the walking tour and meeting with local pastors, Sanders met with the media briefly for a press conference. Sanders did not talk about Freddie Gray specifically, or the ongoing trial of William Porter, the first Baltimore officer of the six to be tried. However, he did highlight criminal justice reform issues overall, which he called the social justice issue of the 21st century.

To reduce recidivism and the allure of crime, Sanders called for more educational resources, more job training, and improved housing. Sanders also said the police departments need “to look like the communities they serve.”

He also spoke of “the high cost of being poor,” referring to the increased interest rates paid in working class communities, and more expensive, yet less nutritional food options, which drew some applause from the pastors. Sanders added that anyone who “took the walk that we took around this neighborhood” would not believe that they were in the wealthiest country in the world. “You would think that you were in a Third World country.”

Sanders also reiterated his main campaign theme that over the past 30 years “there has been a massive transference of wealth from working families to the top 1 percent.” He noted he has introduced legislation to raise the federal minimum wage to $15 an hour and supports free tuition at public colleges and universities.

Toward the end, one member of the media raised a hand, inquiring why a Sanders’ staffer had earlier suggested that journalists keep the focus on the issues facing West Baltimore, rather than questions about ISIS, for example.

“I’ll talk about ISIS, but today what we’re talking about is a community in which half the people don’t have jobs,” said Sanders, his voice rising, again to applause from some of the pastors standing behind him. “We’re talking about a community in which hundreds of buildings are uninhabitable. Obviously, the issues around ISIS are hugely important. So is poverty and education.”

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We talked with University of Maryland Francis King Carey School of Law professor Douglas Colbert about juror selection, the prosecution’s burden, and his faith in the jury process. Colbert teaches criminal law, constitutional law, evidence, and race and criminal justice seminar.

You’ve been following the cases very closely, attending pre-trial motions and now the first trial in court. Why are these cases important for you to follow in person, in court—and for others to follow closely beyond just waiting for a verdict?
Colbert: Historically, cases like this, involving a police officer accused of killing someone in the line of duty, are a rare occurrence. Usually, the police department and state’s attorney’s office puts out statements, say that there’s an investigation underway, and then months later declares that the action by the officer was justified. The public doesn’t learn anything and the lack of transparency adds to the distrust. End of story. Here we have the rare local prosecutors willing to follow the evidence at trial. In court, evidence will be submitted, and testimony given and cross-examined, which will offer insight into what happened as well as how the police department functions.

How much of this first trial will come down to jury selection?
Jury selection is critical—that’s the short answer. It’s essential to select people who will consider the evidence in a fair and impartial manner . . . Jury selection eliminates people who have already formed an opinion or who show bias in favor of one side. It’s important that the prosecution eventually looks at a jury that reflects the city’s demographics and diversity. A multi-racial jury, by that I mean, 6, 7, or 8 African-Americans . . . And I don’t think lawyers for the African-American police defendant will get bent out of shape as they might when defending a white police officer if the jury looks like their client. Black jurors know both professional and good police officers as well as unprofessional officers and can make the distinction between the two because of their experiences. I’ve got to say, in the American criminal justice process, I have more faith in the jury system than anything else. Even when I’ve disagreed with an outcome, I’ve still always believed that ordinary people take their juror responsibilities seriously and act conscientiously.

What’s the challenge for jurors in the Porter case?
I think the challenge for jurors is to focus on what occurred from the time Porter observed Freddie Gray in the van. The prosecution wants the clock to begin from the time he was apprehended, cuffed and left unrestrained in an apparently injured condition. I think the defense will want jurors to consider bigger issues, in terms of the police fighting crime, doing a dangerous job and acting reasonably under the circumstances.

What’s the crux of this and the other cases?
The prosecution must meet its burden of proving guilt beyond a reasonable doubt. If the prosecution establishes that the police officer, or police officers, were aware of Freddie Gray’s plea for help, or acted with extreme negligence in causing his death—by not taking him for medical treatment—that would be a very important part of the prosecution’s homicide case. A police officer has a legal duty to provide medical assistance to prisoners and people taken into custody.

What about the allegation that Gray was not seat-belted in the transport van—which is said to have led to his ultimately fatal spinal cord injury?
If there’s evidence that the police trained its officers to restrain and protect prisoners, or police officers disregarded a significant risk of danger to life or severe injury—that would certainly show a wanton disregard for Freddie Gray’s life and bodily safety. How to prove that is a legal obligation [securing Gray in the van]—is the prosecution’s burden of proof.

Prosecutors will rely on several pieces of evidence in the courtroom. Evidence that Freddie Gray said, ‘I need help,’ or ‘Take me to the hospital’ or ‘Help me’—that’s one of the centerpieces of the prosecution’s case. And evidence that police officers were informed on how they should employ safety practices inside the van, including training and appropriate practice, also will be key to the prosecution’s case if those things were made clear.

How much time is Porter potentially facing is found guilty?
If convicted on the most serious charges, up to 10 years.

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While the jury selection for Porter’s trial will likely only last a couple of days, experts say that it’s a critical aspect in setting the tone of the trial.

“[It’s important] to select people who will consider the evidence in a fair and impartial manner,” said University of Maryland Francis King Carey School of Law professor Douglas Colbert. “And that the jury selection results in a cross-section of the Baltimore community that fairly represents people who live in our city.”

A small but vocal group of demonstrators gathered outside the Clarence M. Mitchell Jr. Courthouse Monday morning, including veteran Baltimore City public defender Todd Oppenheim, who is a candidate for judge in the city circuit court.

“I’m cautiously optimistic,” he said. “I think we have some of the best jurors in the country and I think they can be fair to both sides . . . [But] I believe the court is at least partially responsible for perpetuating police misconduct.”

Oppenheim, who had an op-ed published in The New York Times over the weekend, continued to say that many stop-and-frisks have been ruled legal by judges in similar cases in the past, which perpetuates the misconduct he mentioned.

“What can start as a simple rummaging through someone’s pockets can snowball into violence and death,” he said. “It can start with a small thing and end up in a case like Freddie Gray.”

Demonstrators agreed that it doesn’t just pertain to the case of Freddie Gray, but also speaks to the larger national issue of police brutality, citing the recently released footage of the fatal shooting of Laquan McDonald in Chicago. There was a visible presence from the People’s Power Assembly, city youth mentors, and the family of Tyrone West, who died in July 2013 after an encounter with Baltimore police.

“Before Freddie Gray was brutally murdered, we started a movement right here in Baltimore,” said Tyrone’s sister Tawanda Jones. “We’ve been out here 123 weeks fighting peacefully for justice. My brother Tyrone West was brutally murdered. We expect justice to be served [in the Freddie Gray case]. We want convictions because indictments are far from convictions. We’re expecting all six [convictions], but even if we get one or two, one or two is better than nothing.”

Local experts say it’s hard to predict exactly what will happen on the ground as the trials continue, but officials are prepared to enact further safety measures if necessary.

“We plan business as usual,” said Maj. Sabrina Tapp-Harper, spokeswoman for the Sheriff’s Office, which handles courthouse security. “If we find protests are fueling problems, we will phase in additional security measures.”

In terms of how the six trials will play out and the verdicts’ potential impact on Baltimore activists and protests, University of Baltimore criminologist Jeffrey Ian Ross said, “there are probably 100 different scenarios.”

“My gut feeling is there are going to be some convictions on some charges, but ‘who’ and what charges—we will have to wait and see,” Ross said, adding, “I don’t think the outcomes will be satisfactory to everybody.”

Regarding the return of intense media coverage and the national media in Baltimore on Monday, Ross said it remains to be seen if the scrutiny of Porter’s trial will continue across all six trials, which are scheduled through the spring: “Both the news media and public have a limited attention span and limited tolerance for coverage of police brutality issues.”

Additional reporting provided by senior editor Ron Cassie and social media producer Meredith Herzing. See Cassie’s Twitter for live updates from the courthouse.

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Who is facing trial? Officer William G. Porter, 26, charged with involuntary manslaughter, second-degree negligent assault, misconduct in office and reckless endangerment. Porter has been free on $350,000 bail since charges were filed in May. He was born and raised in West Baltimore, in fact, not far from Freddie Gray grew up, and spoke about his life (but not this case) to The Washington Post in a September profile.

Porter, who joined the BPD in 2012, was not on the scene when Gray was arrested, but checked on Gray while he was being transported to Central Booking and allegedly disregarded a Gray request for medical assistance. It’s also alleged that he was negligent in not properly securing Gray in the police van with a seat belt where Gray is said to have suffered a spinal injury.

What happens today? The selection process for 12 jurors begins Monday morning at Clarence M. Mitchell, Jr., Courthouse, at 100 N. Calvert Street. Last week, Baltimore Circuit Court Judge Barry G. Williams denied a proposal to sequester selected jurors, but did grant a defense request to keep the jurors’ identities anonymous. He’s also placed a gag order on attorneys involved with the case. It’s hard to predict how long jury selection will take, but it likely will be a day or couple of days—not a week or multiple weeks as has been happened in a few states involving high profile cases. The Maryland process employs a system known as “limited” voir dire—as the examination of prospective jurors is known— controlled by the judge, not the attorneys involved in the case.

The basic questionnaire for jurors can be found here. Judge Williams, however, is likely to allow a good deal of follow-up questions by prosecutors and defense attorneys given the publicity preceding the case, said longtime Maryland-based attorney Robert C. Bonsib. “In Maryland, what has to be asked is limited; what can be asked is more expansive,” Bonsib said. “Most judges are reasonable and responsive [to attorney’s inquiries of jurors] in a case like this.”

Who is the judge? The Hon. Barry G. Williams. Born in Neptune, NJ, Williams, 53, earned a B.A. in history from the University of Virginia, and his law degree from the University of Maryland School of Law in Baltimore. He’s served as a member of the Baltimore City Circuit Court since 2005. Prior to that, he served as special litigation counsel to the Civil Rights Division of U.S. Department of Justice from 2002-2005, and as a DOJ trial attorney from 1997-2002. While working for the Department of Justice, Williams gained experience prosecuting police brutality cases, as highlighted by Sun reporter Justin Fenton in a recent profile. Williams also served as an assistant state’s attorney for Baltimore City from 1989-97.

Prominent Baltimore defense lawyer William H. “Billy” Murphy, a former judge who has represented Gray’s family, described Williams on MSNBC Sunday as “an extraordinary fair human being.” He said Williams is a “no-nonsense judge,” who “won’t tolerate grandstanding” and “keep the trains running on time.”

Will there be demonstrations and street closures? While Baltimore police and the Baltimore City Sheriff’s Office expect demonstrations outside the courthouse Monday morning, no streets closures have yet been planned—although that could change as events dictate, said Maj. Sabrina Tapp-Harper, spokeswoman for the Sheriff’s Office. “We have security measures in place,” said Tapp-Harper, referring to potential disruptions downtown. “We don’t share that specific information publicly.”

However, during jury selection, parking will be prohibited, and strictly enforced, around both the Mitchell Courthouse and Courthouse East.

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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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