No idea how the numbers looked for conviction vs. acquittal, but the state’s attorney couid not convince the entire jury of guilt beyond a reasonable doubt.
Interesting.
This is the Freddie Gray “rough ride” case?
Regards,
Shodan
Yes.
I’m hearing on the radio that protests are afoot.
I am here. Protests are very, very light, perhaps 3-4 dozen downtown.
There are a LOT of police here from out of town, but they’re all hidden away.
I’m listening to the scanner and it’s pretty calm.
In front of the courthouse one protester was standing where he wasn’t allowed. He was warned just once then WHAM in handcuffs hauled away. Kinda took the air out of their sails…
This could result in some plea bargains to lesser offenses among the defendants.
All I can see in the topic title is
“Baltimore police William Porter:** hung **jury”
SHE BANG! SHE BANG!
From what I’m reading, a mistrial has been declared, so presumably this could go to trial again at a later date.
I find this disappointing. The defendants, and the public, deserve a clean verdict.
I haven’t seen all of the evidence, obviously, and don’t want to second guess the prosecutors who do have it, but this one particular officer seems like he was a decent guy that got caught up in a bad situation. It would be like charging Jeffrey Dahmer’s housekeeper for not noticing the body parts in the freezer.
Manslaughter for not buckling him in his seat? It seems like an absurd overreach. But, again, I don’t have the evidence.
A mistrial is essentially always the result of a hung jury.
A jury that initially advises the judge that they cannot reach a verdict can be told to go back and continue deliberating. This is called an “Allen charge,” and it basically means that the judge reminds the jury of the time and money that has gone into the case, and that there is no reason to believe a second jury would have any different evidence – that he’s not urging them to vote one way or another but to deliberate again and discuss their view of the evidence with each other.
Sometimes it results in a split jury coming back with a verdict. Sometimes, like now, the divisions remain. With no verdict, the case is a mistrial. The officer can be tried again.
*hijack
As a defense attorney, I hate the Allen charge. IMHO, it is inherently coercive and makes a jury think that they will never go home unless they compromise. This case is an exception.
*hijack end
Porter is black. I wonder if that was part of the prosecution strategy. My initial inclination is that Porter doesn’t belong in the same group with the other “Baltimore Six.” I almost feel sorry for the guy. Anyone of us might react in the same way. He told the driver that Gray said he needed medical help.
Agreed. Of course, it was down pretty far on my list of hates. Number one on my list was usually the Batson challenge fantasy world.
DEFENSE: Your Honor, that’s the fourth African American juror the prosecutor has struck.
JUDGE: I don’t find that you’ve made a prima facie case for racial discrimination. But just in case, let’s make a safe record. What’s the race neutral reason for striking this juror?
PROSECUTION: She didn’t make eye contact during the group voir dire.
.
.
.
.
.
DEFENSE: Your Honor, that’s the FIFTH African American juror the prosecutor has struck.
JUDGE: I don’t find that you’ve made a prima facie case for racial discrimination. Still, what’s the race neutral reason for striking this juror?
PROSECUTION: She kept looking at me during the group voir dire.
Even better:
JUDGE: Do any of the jurors know the family of the defendant?
JUROR: Yes, his brother raped my sister, shot my dog, and called my mother a whore. I hate him!
JUDGE: Notwithstanding your prior dealings with the defendant’s family, do you think you could still be fair in this case?
JUROR: Yes.
JUDGE: He seems to be fair. Thoughts?
DEFENSE COUNSEL: Move to strike for cause.
PROSECUTION: Your Honor, the juror stated under oath that he could put aside his thoughts and be fair.
DEFENSE COUNSEL: He obviously cannot be fair.
JUDGE: He said he could put aside all of that. Motion denied. You have strikes, Mr. [defense counsel].
I exaggerate…only slightly.
To be honest, from what I’ve heard, the prosecution was getting the crap kicked out of it during the trial so I expected, if there was a verdict, to be not guilty.
I’m surprised they went with Porter as the first of the officers to go to trial since his was the case that seemed, on the face of it, to be the weakest of the bunch.