The Baltimore police officers awaiting their respective trials stemming from the death of Freddie Gray have filed motions to dismiss their cases.
Lt. Brian Rice, Officer William Porter, Officer Garrett Miller and Sgt. Alicia White filed their nearly identical motions in the case on Monday. The documents, made public Tuesday by the Circuit Court for Baltimore City, all cited “defects” in the prosecution.
“These defects occurred at both the District Court and Circuit Court levels and rise to a level which would violate the officers’ rights of due process secured by the United States Constitution as well as the Maryland Declaration of Rights,” the motion filed on behalf of Miller reads. The other motions contain similar language to Miller’s.
The motions for dismissal come after the acquittal of van driver Caesar Goodson last week by Circuit Judge Barry Williams, who faced the most serious second-degree murder charge. Porter’s trial ended in a mistrial in December, while Officer Edward Nero was also acquitted Judge Williams last month.
Rice’s trial is scheduled to begin Tuesday, followed by Miller’s on July 27, Porter’s retrial on Sept. 6 and White’s on Oct. 13. Rice is the highest ranking officer charged in the case.
Gray, a 25-year-old black man, died in April 2015, a week after suffering a spinal injury while shackled in a police van. Baltimore State’s Attorney Marilyn Mosby subsequently filed charges against six officers involved in his arrest.
The remaining three officers awaiting their cases all face charges of manslaughter, assault, reckless endangerment and misconduct in office. All six officers charged have pleaded not guilty.
