BALTIMORE — A police officer charged in the death of Freddie Gray testified Monday that Gray asked to be taken to a hospital but did not appear to need medical help during the van ride in which his neck was broken in April 2015.
Officer William Porter testified that he told fellow Officer Caesar Goodson, the van’s driver, that Gray twice asked to be taken to a hospital. But the officers doubted the veracity of his request because he was able to lift himself from the floor to a bench in the van and because detainees often fake injuries to avoid jail, Officer Porter said.
He testified on he third day of the trial of Officer Goodson, who faces the most serious charges of the six police officers accused in the arrest and death of Gray. Officer Goodson, 46, is charged with second-degree “depraved heart” murder, manslaughter, assault, misconduct in office and reckless endangerment. He would face 30 years in prison on the murder charge alone if convicted.
Gray had been handcuffed and shackled but not secured with a seat belt in the back of the van, a violation of police department policy. He died as a result of his injuries a week later on April 19, 2015.
His death and funeral touched off days of protests and rioting in Baltimore.
Prosecutors have argued that Officer Goodson was most responsible for Gray’s death because he was the only person with the 25-year-old black man during the entire 45-minute trip to a booking station. As the van driver, Officer Goodson had custody of Gray during the full trip, per police procedure. The defense has asserted that the officer was unaware of Gray’s injuries and of the new requirement for seat belts.
Officer Porter’s testimony complicates the prosecution’s chronology: The medical examiner testified that Gray’s neck was broken before the fourth stop.
Officer Porter, who also faces charges in Gray’s death, told the court that Officer Goodson called him to check on Gray during the van’s fourth stop. Gray, who was lying face down on the floor, was able to lift himself onto the bench of the van with some help, he testified. Officer Porter then left on another call and met the van at the fifth stop and again at the Western District station. He described Gray as “lethargic” and “docile” during the two stops.
Officer Porter also testified that he didn’t think Gray needed to go to a hospital, but since Gray requested medical attention, the officers wouldn’t be able to get him through intake at central booking. Baltimore police policy does not allow officers to book anyone who requests to be taken to a hospital.
Warren Brown, a prominent Baltimore defense lawyer who has been watching the trial, said Officer Porter’s testimony hurt the prosecution because it provides reasonable doubt that Gray died because of Officer Goodson’s inaction.
“Gray was able to push himself up at the fourth stop,” Mr. Brown said. “Porter gave the defense ample evidence of reasonable doubt.”
David Jaros, a Gray trial watcher and professor at the University of Baltimore School of Law, agreed with Mr. Brown, saying Officer Porter’s testimony could be a gut shot to the prosecution’s case.
“If the judge believes Porter’s testimony, then it created reasonable doubt,” Mr. Jaros said.
Officer Goodson is the third officer to be tried in the Gray incident. Officer Porter’s first trial ended in a hung jury in December. He is to be retried in September. Officer Eric Nero’s trial ended with an acquittal on all charges in May.
The prosecution referred several times Monday to differences between Officer Porter’s testimony and the statement he gave investigators the day Gray was unconscious in the van at the booking center.
He testified that Officer Goodson didn’t respond when he told him Gray asked for medical attention, causing some question as to whether Officer Goodson had heard his fellow officer. But in his original statement, Officer Porter said he told Officer Goodson that Gray needed medical attention and that the driver agreed.
Officer Porter didn’t make his testimony easy for the prosecution, saying several times he didn’t recall certain conversations and couldn’t identify himself in a photo of one of the stops because the detail was too pixilated.
• Ryan M. McDermott can be reached at rmcdermott@washingtontimes.com.
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