RadioOnFire.com - The state’s first witness has wrapped up testimony at the manslaughter trial of Baltimore City Police Lt. Brian Rice., the highest ranking of the six officers charged in the April, 2015, death of Freddie Gray.
Dr. Carol Allan, the Assistant Medical Examiner who performed the autopsy on Freddie Gray was on the stand for about two hours.
As she did at previous trials, she testified Gray suffered his fatal injury between the van’s second and fourth stops, and Gray would have been able to talk and breathe for a while after suffering that injuries.
She also said it was her opinion Gray's manner of death was homicide.
In her cross examination, which was at times contentious, Allan told defense attorney Michael Belsky that just because Gray’s manner of death was a homicide, it doesn’t mean that Rice or any other accused officer committed a homicide.
Earlier today, prosecutors without explanation dropped one of the two misconduct charges against Rice, related to the legality of Gray’s arrest.
Rice still faces four other charges.
Court will resume at 2 p.m., after a lunch break.
11:25 a.m.
Testimony is now underway at the trial of Baltimore Police Lt. Brian Rice, the highest ranking city police officer charged in the death of Freddie Gray.
Before opening statements were delivered this morning, Assistant State's Attorney Michael Schatzow told Judge Barry Williams the state is dropping one of the two misconduct charges against Rice.
Schatzow offered no explanation, but court spokeswoman Terri Charles told WBAL NewsRadio 1090 that the charge was related to allegations that Gray's arrest was illegal.
Rice still faces four other charges, including a separate misconduct in office charge related to Rice's alleged failure to put Gray in a seat belt when loading him into a police van. Prosecutors say that failure led to Gray's injuries and death.
Rice is also charged with manslaughter, second degree assault and reckless endangerment. In his 15-minute opening statement, Schatzow said that Freddie Gray did not make any eye contact with Rice before Rice began chasing him on the morning of April 12 of last year.
Schatzow says Rice's "decisions made as a superior officer" is why Gray died. In his opening statement, defense attorney Chazz Ball said that the case against Rice centers on the 9-seconds Rice was in the police van loading Gray and not putting a seat belt on him.
Ball said Rice had to consider a growing crowd, Gray's combative nature, and the confined space in the van, before deciding not to seat belt Gray.
Ball argued Rice's actions "were reasonable."
The state is presenting its first witness, Dr. Carol Allan, the assistant medical examiner, who performed the autopsy on Gray. She testified Gray's manner of death was homicide, and she said Gray would be able to talk and breathe after his initial neck injury.
9:50 a.m.
Prosecutors have decided to drop one of the five charges against Baltimore City Police Lt. Brian Rice, the highest ranking officer charged in the death of Freddie Gray.
Before presenting opening statements Assistant State's Attorney Michael Schatzow said the state would "nolo prosecute" the third count of the five count indictment against Rice.
That means prosecutors are dropping one of the two misconduct charges against Rice.
Schatzow did not offer an explanation for the decision, and because of Judge Barry Williams gag order, cannot comment on the case outside of the courtroom.
Schatzow then began his opening statement.
Rice still faces four charges, manslaughter, second degree assault, one count of misconduct in office and reckless endangerment.
Baltimore City State's Attorney Marilyn Mosby is in the courtroom watching the proceedings.
5:30 a.m.
The manslaughter trial of Baltimore City Police Lt. Brian Rice gets underway today.
Rice, 42, is the highest ranking officer charged in the death of Freddie Gray, who died in April of last year, one week after suffering injuries in a police transport van.
Source WBAL
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