Officer’s mistrial in Freddie Gray’s death a letdown for both sides

Instead of a dramatic conclusion to the trial of Officer William Porter, the first of six police officers to be tried in the death of Freddie Gray, the mistrial left Baltimore in suspense and confusion, with no immediate understanding of what happens next. The city had braced for a possible repeat of the protests, destruction and dismay that engulfed it in April after Gray’s neck was broken in the back of a police van, but several small marches ended peacefully overnight as the community tried to process the news. The situation delays closure for an anxious city and so is unfortunate for both sides.

The state proved beyond a reasonable doubt that Freddie Gray died. Beyond that, they weren’t able to prove anything. They proved a tragedy, but I don’t think they proved a crime.

Steve Levin, a Baltimore defense attorney and former federal prosecutor

Back at square one, prosecutors and defense attorneys met in Judge Barry Williams’ chambers Thursday morning to discuss dates for a possible retrial but have yet to reach an agreement. Prosecutors had intended to call Porter to testify against the driver of the police van in which Gray died and another officer. The mistrial may complicate this strategy, since Porter has a Fifth Amendment right not to incriminate himself. Options could include granting Porter immunity in exchange for his testimony, trying to persuade the judge to postpone the other trials while retrying Porter or striking him from their witness list altogether.

It was never going to be easy. Prosecution of police officers is never easy, but when you look at some of the facts in this case, you’ve got to understand nothing here is a slam dunk.

David Harris, a law professor at the University of Pittsburgh with expertise in policing issues

Freddie Gray Americas