An officer charged in the death of Freddie Gray can be ordered to testify against his colleagues, Maryland's highest court has ruled Tuesday.
The Court of Appeals' ruling sides with prosecutors who asked a judge to compel William Porter to testify against the five other officers facing charges stemming from Gray's death. Porter's first trial ended in a hung jury in December.
The rulings affirmed Baltimore Circuit Judge Barry Williams' decision to force Porter to testify against two of the officers and reversed the judge's decision that Porter did not have to testify against the three other officers.
Officer William Porter is awaiting retrial in the case focused on Gray, a 25-year-old black man who died in Baltimore police custody. His neck was broken in the back of a police transport van while handcuffed and in leg irons, but not restrained by a seat belt.
Attorneys for Porter argued that he shouldn't be forced to take the stand while his own trial is pending.
"Every time he gets up on the stand, he subjects himself to a perjury charge, which carries 10 years more," argued Gary Proctor, a lawyer for Porter. "On top of that, look around. It will be live-tweeted. What Officer Porter said will be covered in the news. The jurors will hear it. The witnesses will hear it."
Prosecutors countered that they are offering Porter limited immunity, meaning anything he says on the witness stand can't be used against him at trial.
