Having succeeded in getting court permission to compel Officer Edward Porter to testify, under limited immunity, against other officers in the “Freddie Gray” trials, Baltimore prosecutors have now filed a motion to similarly compel Officer Garrett Miller [Featured Image, left] to testify in next month’s trial of Officer Edward Nero [Featured Image, right], reports the Baltimore Sun.
The prosecution’s motion is embedded below.
Porter was the first of the officers involved in Gray’s arrest and transport to stand trial, with a hung jury as the result. Porter is scheduled to be retried later this year in state court, and may also be subject to Federal prosecution.
Despite this, Maryland’s highest court has ordered that Porter can be compelled to testify against other officers under the protection of limited immunity, and that doing so does not violate Porter’s 5th Amendment right against self-incrimination.
Last Thursday’s filing by Prosecutor Marilyn Mosby now seeks to apply the same compulsion to Officer Miller, with particular respect to the next “Freddie Gray” trial of Officer Nero. He may, of course, also be compelled to testify in the trials of the other charged officers.
Indeed, there seems little reason at this point why each of the six officers being charged could not now be compelled to testify in every other officer’s trial, subject only to their being provided with limited immunity in each instance.
–-Andrew, @LawSelfDefense
Attorney Andrew Branca and his firm Law of Self Defense have been providing internationally-recognized expertise in American self-defense law for almost 20 years in the form of blogging, books, live seminars & online training (both accredited for CLE), public speaking engagements, and individualized legal consultation.
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