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Monday, December 7, 2015

Juror Replaced As Porter Trial Enters Second Week


Jurors in the trial of Officer William Porter are hearing more Monday from the doctor who performed Freddie Gray's autopsy.
The trial continues in Baltimore City Circuit Court. Porter is one of six police officers charged in the April custody death of Freddie Gray.  It's likely the prosecution will wrap up its case by the end of the day Tuesday.
The day didn't begin without incident, as a juror was replaced with an alternate due to a medical emergency.
The two-year veteran Porter was one of the officers called into assist the other officers who arrested and transported Freddie Gray to the Western District Police Station on the morning of April 12. Gray died a week later from injuries he suffered in a police van. He is charged with manslaughter, second degree assault, reckless endangerment and misconduct in office.

When court resumed Monday, the defense began cross examination of Assistant Medical Examiner Dr. Carol Allan, who performed the autopsy on Gray. On Friday, Allan testified that she got word from doctors at Shock Trauma that Gray suffered cardiac arrest while in police custody in the van, and the doctors suspected a neck injury.  The jury saw a picture of Gray's spinal cord, and doctors said it was not normal. 

Prosecutors asked what damaged the spinal cord. Allan said the spinal cord was "pinched to an extent that it was functionally cut through," 

Allan also described Gray's external injuries. Late in the day, Allan's autopsy report was admitted as evidence. She said Gray suffered a spinal cord injury, and the manner of death was homicide. Prosecutors maintained Porter and the other five accused officers denied Gray medical treatment contributed to his death. 

Dr. Allan was asked what was the impact of the lack of medical attention on Gray's condition. She said without medical treatment a patient like Gray could suffocate. Allan said her autopsy concluded that the cause of Gray's death was neck injury, and the manner of death was homicide. 

In the autopsy report she wrote that, "due to the failure of following established safety procedures through acts of omission, the manner of death is best certified as a homicide." 

The prosecution presented Allan as an expert witness over the objection of the defense. Porter's attorneys and the attorneys for the other officers maintain that Allan was pressured by prosecutors into ruling the manner of death as a homicide.
Asked about whether she knew about Gray's recent surgery (over prosecutors' objections), Allan said she did not, but considered the possibility. She said there was no pressure placed on her to rush the autopsy or to rule the death a homicide. She said that she was not aware of the statement Donta Allen (who was in the van at the same time Gray was) gave to police about Gray's injury, but that she believed Gray suffered the fatal injury between the van's second and fourth stops. Allen, currently being held in York County, will likely be brought down to testify later this week.
Allen later recanted his statement that he heard Gray trying to bang his head and legs against wall of van. Allan said she did not ask to see the statement because she did not feel it was "relevant."
A jury of eight women and four men are hearing the case. Following the juror's replacement, seven of the jurors are black (four women and three men), and five of the jurors were white (three women and two men). Judge Barry Williams has told jurors that he expects the case to be completed by December 17, which is one week from Thursday.

Source WBAL

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