quote:

Originally posted by Czechvar:
It's like watching a Mafia Kangaroo Court in Sicily...They don't seem to be bothered by legal requirements at all.

Nah, the mafiosos you reference would be very skillful at ramming through whatever they wanted. These buffoons in Baltimore are corrupt, but are also the height of incompetence. These morons could screw up a circle jerk.

quote:

Originally posted by sdy:
The stakes here are huge.

If the prosecutors don't get a conviction on Goodson, the whole thing falls apart.

That outcome was guaranteed from the very beginning due to the monumental incompetence of Mosby.

quote:

Marilyn Mosby's career would be ruined by showing what a political tool she has been.

Maybe, maybe not. She may just come out playing activist again and condemn the court system as being a racist sham against 'her' people. Pond scum always floats to the top no matter what you do to it.

quote:

The Mayor's reputation would be even further damaged.

A physical impossibility. This woman is the poster child for the mentally deficient.

quote:

The 6.4 million pay out would be shown to be a total waste and extremely inappropriate.

Yet, I'll bet this gets the least attention of all of this cluster.

quote:

And there probably would be riots.

What made you or anyone else think there wouldn't be riots. Animals riot and destroy. That's what they do. Mosby's social justice, progressive ideological slant guaranteed that outcome.

http://www.baltimoresun.com/ne...-20160107-story.html


Gary Proctor, one of Porter's attorneys, delivered the motion for an injunction to the Court of Special Appeals in Annapolis on Thursday morning. The attorneys argue that the immunity granted by Baltimore Circuit Judge Barry G. Williams does not protect him from facing new charges.

"The actions of the state and the circuit court are without precedent in Maryland law. This court needs to provide guidance," Porter's attorneys wrote in their request for an injunction.

Court officials said that Porter's appeal could be handled in one of two ways. A panel of judges could issue an order or they could schedule a hearing, court officials said. There was no timetable for when the court could respond to Porter's request.

Porter's attorneys have argued the immunity provided to Porter for him to testify in Goodson's case will not protect Porter in several important ways, including that his testimony still could be used against him in a later federal case. The FBI is also investigating Gray's death.

Porter's attorneys have also said that testifying in Goodson's case would expose Porter to a possible perjury charge that the immunity would not protect him against, because prosecutors have already called Porter a liar based on his testimony in his own trial last month.

In their motion filed Thursday, Porter's attorneys said the special appeals court "needs to provide guidance" in this unprecedented situation, and should stay the lower court's order until the appeal is decided.

"Two business days from today, the trial of Officer Goodson starts. A few business days after that, absent action from this Court, Officer Porter, despite his protestations, will be required to take an oath and testify.If he does not, he will go to jail .

If he does, and he reiterates what he repeated before, the state has already called that perjury, for which Porter has been offered no protection," his attorneys wrote. "If he deviates in any way from his earlier testimony then it is perjury, for which Porter remains defenseless."

"The bell cannot be unrung, and Porter will be unable to challenge it later," his attorneys wrote. "It is imperative that this Court act with alacrity, to give its aegis to one of our rights we hold most dear."

I'd take the three hots and a cot before testifying. Fuck that. This is unconstitutional.

I guess he could just marry the defendant and then he'd be protected against testifying against his spouse. Gay marriage is legal in all 50 now right?

quote:

I'd take the three hots and a cot before testifying. Fuck that. This is unconstitutional.

This, I'd continue to refuse to talk on the stand. There is a vast trap.

quote:

Originally posted by domcintosh:

quote:

I'd take the three hots and a cot before testifying. Fuck that. This is unconstitutional.

This, I'd continue to refuse to talk on the stand. There is a vast trap.

Yup. What they cannot obtain through legal means, they will get through subterfuge. If a hood rat was out in the same position, the left would be screaming "foul!" so loud it would be deafening. I would either plead the 5th and make them prove their case. Which they can't.

Porter should get on the stand and mention Lois Lerner.

http://www.baltimoresun.com/ne...-20160108-story.html

Maryland's second-highest court halted Friday an order compelling Officer William G. Porter to testify at the trial of a fellow officer charged in the death of Freddie Gray.

In a two-page order, Maryland Court of Special Appeals Chief Judge Peter B. Krauser said prosecutors needed an opportunity to respond to an injunction request from Porter's attorneys filed Thursday.

The order does not call for the trial of Officer Caesar R. Goodson Jr. to be postponed as the matter is worked out. Jury selection is scheduled for Monday.

The court's next steps were not immediately clear.

link to Appeals Court order:

https://t.co/iehefhpObQ



************************

Somewhat confusing, but at least the MD Court of Special Appeals temporarily halted Porter from having to testify.

The Appeals Court gave the prosecutors "an opportunity to respond".

I am still a bit mystified as to why the court and prosecutors feel they have a right to compel Porter to testify for them in a seperate trial for the same crime they are trying him for.

How is the state going to guarantee him immunity from Federal prosecution?

Court of Special Appeals now postpones Officer Goodson's trial until issue of Officer Porter testifying is resolved.

Jury selection for Officer Goodson trial was supposed to start today. That won't happen.

The prosecutors and judge have created a total FUBAR.


Reminder: Without Officer Porter's testimony, there is no evidence that the van driver was ever told anything about Freddie Gray's condition.

adding:

http://www.baltimoresun.com/ne...-20160111-story.html

Maryland's second-highest court on Monday intervened and postponed the trial of a Baltimore Police officer in the death of Freddie Gray, potentially delaying the trials of all the officers charged in the case for months.

The last-minute order from the Court of Special Appeals came following a request for an injunction by Officer William G. Porter to block a city judge's order forcing him to testify under limited immunity at the second-degree murder trial of fellow Officer Caesar R. Goodson Jr.

The case had been set to begin with jury selection Monday morning. Prosecutors sought a postponement of Goodson's trial on Friday, saying that not being able to call Porter as a witness would "result in irreparable harm to the People of Maryland by effectively gutting their government's prosecution" of two of the officers.

Compelling a defendant with pending charges to testify under immunity at a co-defendant's trial is unprecedented in Maryland. The appeals court determined that it was in the "interest of all parties" that Porter's request be handled before Goodson's trial began.

The postponement of Goodson's trial would appear to throw off the schedule for all of the trials in the case, which were scheduled to occur over the next several months. Court officials said no timetable for a hearing was set, but said the state Constitution requires a decision be made within three months.

Porter "is the only witness able to testify to critical aspects of Defendant Goodson's alleged role in Mr. Gray's death," the prosecution wrote in its request for a delay, and allowing Goodson's trial to move forward without Porter's testimony would "work a grave injustice that would strip the State of a legislatively and constitutionally authorized tool ... for compelling the truth from an alleged witness to murder."

This message has been edited. Last edited by: sdy,

I think they just fucked themselves. I am not a lawyer but I have always understood that a man cannot be forced to give evidence which might be harming to himself. (part of the 5A?)

I'm sure that kangaroo court has their little kangaroo hands digging deep in their pouches to find something to keep their fiasco from being "gutted"...

All of them have a bunch riding on this being a successful prosecution and it don't seem to be going their way

Imagine what the prosecutor and judge would do to those officer if there were no constitutional rights... It would be Zimbabwean justice for sure.

What about Goodson's right to a speedy trial as outlined in the constitution?
I bet his lawyers will be all over this.

Speedy trial isn't implicated yet, as both sides are busy doing things associated with the case. Prosecution is seeking to have forced testimony, defense is opposing and seeking change of venue, etc.

Speedy trial comes into play when the prosecution indicts, but doesn't act on bringing the case to trial. I.e., the defendant is on notice that they are in legal jeopardy, but the prosecution just lets them stew and doesn't move the case forward.

ETA: Depending on the laws of criminal procedure in Maryland, a speedy trial clock may be running on the other 5 cases which the prosecution can't move on because of the Porter matter.

quote:

Originally posted by Cassandra:
I think they just fucked themselves. I am not a lawyer but I have always understood that a man cannot be forced to give evidence which might be harming to himself. (part of the 5A?)

It's Baltimore, do you think they give a shit about the 5th or any other amendment to the Constitution?

quote:

The case had been set to begin with jury selection Monday morning. Prosecutors sought a postponement of Goodson's trial on Friday, saying that not being able to call Porter as a witness would "result in irreparable harm to the People of Maryland by effectively gutting their government's prosecution" of two of the officers.

Ahhh, that puts a huge smile on my face. Ya'll hear that...It's the career of one Marilyn Mosby circling the drain.

quote:

Porter "is the only witness able to testify to critical aspects of Defendant Goodson's alleged role in Mr. Gray's death," the prosecution wrote in its request for a delay, and allowing Goodson's trial to move forward without Porter's testimony would "work a grave injustice that would strip the State of a legislatively and constitutionally authorized tool ... for compelling the truth from an alleged witness to murder."

Game...Set...Match to the officers. When the appeals court comes back in favor of the defense attorneys (as I truly believe they will), this travesty of justice against all of the officers is all but history. The pyramid of cards is falling faster and faster....

If the Appeals Court rules that Porter cannot be forced to testify, I would not be surprised if the prosecutors then said they wanted to retry Porter right away (not wait till June).

The prosecutors need to get Porter to testify at Goodson's and White's trials.

Remember Goodson never gave a statement to anyone. He might take the stand and say no one told him anything.

I was surprised when during Porter's trial, the medical examiner said it would not have been ruled homicide if medical help had been sought sooner.

If that is true, why so much emphasis on a hypothesized "rough ride" ?

During pre-trial for Goodson, the prosecutors got permission to have a witness testify that in the past there have been cases of rough rides.

So what? There has been zero evidence that Goodson drove the van recklessly. That is all prosecutor hypothesis without evidence.

On the day of the Freddie Gray injury, Goodson was working his day off because they were short of personnel. It wasn't even his regular shift.

Keep in mind that 4 of these officers are not getting paid.

From Baltimore Sun:

The Court of Special Appeals has scheduled a March hearing date in the appeal of Baltimore Police Officer William Porter, who is seeking to avoid being called to testify against a fellow officer charged in the death of Freddie Gray.

The appellate court said Tuesday that judges will hear arguments on March 4 .

On Monday, the court halted the trial of Officer Caesar R. Goodson Jr., the second officer to go on trial for Gray's death.

The state constitution requires a decision to be made by the appellate judges within three months after hearing arguments, meaning the decision could stretch into the summer .

However, officials said a decision could made sooner than that.



adding:
This could get even further complicated.

The court that will hold hearings in March is the MD Court of Special Appeals.

the losing party in Porter's appeal may try to take the issue to the state's highest court — the Court of Appeals.

Depending on what occurs at the Court of Appeals, the losing party could then appeal the case to the U.S. Supreme Court because of the federal implications of the case — namely, the dispute over whether Porter's state-granted immunity would protect him from any future federal prosecution.

http://www.baltimoresun.com/ne...-20160112-story.html

This message has been edited. Last edited by: sdy,

If Porter was compelled to testify, and he refused based on his constitutional rights, I assume the Baltimore court system would put him in jail.

If that happened, and Porter did not budge, I suspect:
1. The other prosecution cases would have hopeless cases.
2. Public opinion would be that Porter was being treated terribly unfairly and the Baltimore prosecutors would look more like Nazis than anything else. Would these two statements be true?

Also, would Porter be considered a civil prisoner, and therefore kept separate from the criminal population? Or would the court system try to put pressure on Porter by keeping him, a LEO, in with the criminals?