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Prosecutors to appeal judge’s decision not to force Porter testimony in fellow officers’ trials

February 5th, 2016 by WCBC Radio

Prosecutors intend to appeal a recent court decision not to force Officer William G. Porter to testify in the trials of three other officers charged in the arrest and death of Freddie Gray, according to court documents.

The state filed notice of its intention to appeal the decision in Baltimore Circuit Court on Thursday. The actual appeal, if filed, was not immediately available Friday.

Circuit Judge Barry G. Williams rejected on Jan. 20 a request by the prosecutors to call Porter to the witness stand in the trial of Officer Edward M. Nero — set to begin later this month — and the trials of Officer Garrett E. Miller and Lt. Brian W. Rice, currently scheduled for early March. In doing so, Williams questioned prosecutors' motives, saying they appeared to have a "dual purpose" for making the late request — one being to stall the trials.

The new appeal, if taken up by the higher court, could have just that effect.

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