Prosecutors in the Freddie Gray trial of van driver Officer Caesar Goodson suddenly announced on Thursday, the first day of Goodson's trial, a new theory of the case never before formally argued by them: that they believe Gray's injuries were the result of a malicious "rough ride" delivered by Goodson. As the
Baltimore Sun reports (emphasis added):
Before Thursday, prosecutors had presented evidence of a diving-type injury that caused his injuries inside the van, but had not directly alleged that Gray was hurt as a result of aggressive driving by the van driver.
The media and activists (but I repeat myself) have previously suggested that a "rough ride" might be in play in this case, but the prosecution itself has never directly made this claim part of their theory of the case--not, that is, until the opening day of Officer Goodson's trial.
Officer Goodson is charged with murder, manslaughter, second-degree assault, misconduct in office and reckless endangerment in the death of Freddie Gray.
By all indications the prosecution has long planned to convict Goodson on the grounds that he had failed in a legal duty to provide Gray with adequately prompt medical care. Specifically, the prosecution had planned to argue that Goodson was aware that Gray was having difficulty breathing, because of a statement to that effect by his colleague Police Officer William Porter.
Porter is alleged by Detective Syreeta Teel to have made a statement to the effect that Gray was saying he was having difficulty breathing during an initial unrecorded interview by Teel. In a later recorded interview, however, Porter made no similar statement. Further, when Porter took the witness stand at his own trial (the first of the Freddie Gray trials, and ending in a hung jury), he denied having ever made the statement.