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Freddie Gray

Judge delays crucial trial in Freddie Gray death

John Bacon
USA TODAY
Baltiimore Police Sgt. K. Glanville talks with protesters outside the Baltimore Circuit Court on Sept. 10, 2015.

The first in a series of high-stakes criminal trials stemming from the death of Freddie Gray will be delayed until Nov. 30, a judge in Baltimore ruled Tuesday.

The trials will be crucial for a city battered by riots and political upheaval after Gray's death in April while in police custody. The police chief was fired and "Justice for Freddie Gray" became a common theme of demonstrators closely watching criminal proceedings against the six officers.

Trial for officer William Porter, charged with manslaughter, reckless endangerment and assault, was originally set for Oct. 13. Prosecutors have said Porter will be a key witness in the trials of other officers and should be tried first. The other officers will be tried in 2016.

Lawyers for the officers told the judge they were wading through an avalanche of statements and other evidence, some of it only recently provided by prosecutors, and needed more time to prepare their cases.

Baltimore defense attorney Jason Ott isn't involved in the case, but he says the pressure is on the prosecution team.

"You know what will happen to this city if they don't get convictions," Ott told USA TODAY, citing violent protests the city already has endured. "They need that magical word of guilty."

But Ott said proving criminal intent could be a major obstacle to conviction.

"A terrible thing happened, and the city is responsible, but it's not a criminal case," Ott said.

Roya Hanna, a former Baltimore prosecutor, agreed. Now a defense lawyer but not representing any of the officers, she said the investigation appeared rushed.

"From a political standpoint, it's absolutely understandable," she said. "And whatever happens, police are more prepared (for protests)."

Officer Caesar Goodson Jr., who drove the van that transported Gray from the scene of his arrest in April, faces the most serious charge in the case: second-degree depraved-heart murder. An autopsy report revealed Gray died of a "high-energy injury" that probably was the result of a sudden stop. Prosecutors accuse Goodson of driving erratically despite knowing that Gray was injured and asking for medical assistance.

Gray, 25, suffered a severe spinal cord injury and died one week after his arrest, setting off waves of ferocious protest. Gray's funeral was followed by more rioting, looting and arson that prompted Gov. Larry Hogan to call in the National Guard. Mayor Stephanie Rawlings-Blake also imposed a week-long nightly curfew.

Earlier this month the city agreed to pay Gray's family a $6.4 million civil settlement. Outraged police union president Gene Ryan said the deal was "obscene" and would delay the city's return to "pre-riot normalcy."

Circuit Court Judge Barry Williams has ruled that the officers will be tried separately and in Baltimore. He did agree to move the trials if efforts to select impartial juries failed.

Ott says it could take thousands of jury candidates to build impartial juries for six trials. Jurors will know that violence could erupt if they fail to convict, he added.

"That has to be weighing on your mind as a juror," he said. "The truth is, this case isn't just about the Baltimore six. It's about the aftermath."

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