Warren S. Alperstein recently joined Mary Beth Marsden on WBAL News Radio where he explained the state’s challenges of proceeding with the remaining five trials for the officers charged in the case of Freddie Gray’s death that will occur before Officer Porter’s newly announced retrial. Officer Porter’s retrial is scheduled for June 13, 2016 while the next trial, for Officer Goodson, remains set for its original date of January 6, 2015.
Prosecutors on Officer Caesar Goodson’s case were counting on having Officer Porter testify, but since his trial is pending, he is not legally obligated to testify in instances where he could incriminate himself.
There are a few options that prosecutors can consider pursuing in an effort to get Officer Porter to the witness stand. Mr. Alperstein says, “they could go to Officer Porter and try to make a deal with him – they could offer him a plea, presumably, to a charge that is one of the less serious charges…the second thing the state could do is dismiss Porter’s case outright and compel him to testify by giving him immunity.”
However, Mr. Alperstein also notes that, “just because you grant someone immunity in state court here in Baltimore City, the feds are not bound by a state court immunity agreement,” which is something Officer Porter’s attorneys will consider as we near the trial date for Officer Goodson.
Listen to this interview in its entirety here.