Jurors in the trial of Officer William Porter reported Tuesday afternoon that they were deadlocked — but Judge Barry Williams sent them back to continue deliberating.
The jurors considering whether Porter is guilty of manslaughter, second-degree assault, reckless endangerment and misconduct in office had spent about nine hours deliberating when attorneys were called back into Williams’ courtroom about 3:30 p.m. for a jury note.
Williams said the jurors said they were deadlocked. The jurors did not elaborate on whether they are split on all or some of the charges, or which way the panel is leaning. Williams read from a portion of the jury instructions that had been read at the outset of the deliberations, in which he said the jury must reach a unanimous decision. Without any further comment, Williams told the jury to continue deliberating.
The brief encounter in court followed a relatively quiet afternoon.
On Tuesday morning, defense attorneys unsuccessfully moved for a mistrial and change of venue based on a letter sent home to parents of city school students that referred to the possibility of unrest and violence.
Williams quickly denied the motion, saying he was confident that the jurors were not letting outside factors influence them.
The motions were made by Porter’s defense attorneys based on a letter sent Monday by Baltimore City Schools CEO Gregory Thornton to parents. Thornton assured them that the district is “taking every precaution” to prevent a repeat of the April riots. He warned students that “walkouts, vandalism, civil disorder, and any form of violence are not acceptable.”
Porter’s attorneys have repeatedly said that the 26-year-old officer cannot get a fair trial in Baltimore.
Gary Proctor, one of Porter’s attorneys, said in court -- without the jury present -- that the court has been “very diligent” in reminding the jurors not to read news accounts or otherwise seek information about the case outside what they heard during the trial. But, he said, the court never said “don’t open your child’s homework packet.”
The defense requested that jurors be asked whether they received the letter. Williams also denied that request.
Proctor noted he has children in the city school system and received the letter. Some of the jurors may have as well, and it could have had an effect on their ability to reach a fair verdict, he said.
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Chief Deputy State’s Attorney Michael Schatzow, in response, said there was “nothing incendiary” in the letter, and noted jurors have already assured the court they can be impartial during earlier questioning.
Williams said that he did not believe the Thornton’s letter was “an appropriate reason” to grant any of the defense motions, and that jurors have already been thoroughly instructed to only consider what has been presented in court.
Thornton’s letter was submitted as evidence by the defense.
The jury of seven women and five men are deliberating after two weeks of testimony in a case in which prosecutors say Porter’s failure to secure Gray in a seat belt in the back of a police van or call a medic when Gray asked for one amounted to criminal neglect.
Porter’s attorneys have argued he did more than was required of him and acted as a “reasonable officer” would in his interactions with Gray, that Gray’s injuries were the result of an accident Porter could not prevent.
Gray, 25, suffered a severe spinal cord injury in the back of a police van April 12. He died a week later. His death sparked widespread protests against police brutality, and his funeral was followed by rioting, looting and arson.
Six police officers, including Porter, were charged in Gray’s arrest and death by Baltimore State’s Attorney Marilyn J. Mosby on May 1.
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Ronnie Church Brown holds a sign in front of Courthouse East during the third day of jury deliberations in the trial of Officer William Porter, the defendant in the Freddie Gray murder trial. He is the first of six officers to be tried. When asked if he had a preference for the jury’s verdict, Brown said, “I come out here today to let people know that God is able. I just pray that everything will turn out His (the Lord’s) way.”
(Algerina Perna / Baltimore Sun) 2/36
Officer William Porter, the defendant in the Freddie Gray murder trial, enters Courthouse East during the third day of jury deliberations. He is the first of six officers to be tried.
(Algerina Perna / Baltimore Sun) 3/36
Officer William Porter, the defendant in the Freddie Gray murder trial, enters Courthouse East during the third day of jury deliberations. He is the first of six officers to be tried.
(Algerina Perna / Baltimore Sun) 4/36
Marilyn Mosby, Baltimore City State’s Attorney, walks into the courthouse for the closing arguments in the trial of city police officer William Porter.
(Barbara Haddock Taylor / Baltimore Sun) 5/36
Michael Schatzow, Chief Deputy State’s Attorney, right, and Janice Bledsoe, Deputy State’s Attorney of Criminal Intelligence, walk to Courthouse East Monday morning, Dec. 14, 2015 in Baltimore, Md. Ofc. William Porter faces charges of involuntary manslaughter, second-degree assault, misconduct in office and reckless endangerment. The charges carry maximum prison terms totaling about 25 years.
(Kevin Richardson / Baltimore Sun) 6/36
Michael Schatzow, Chief Deputy State’s Attorney, walk to Courthouse East Monday morning, Dec. 14, 2015 in Baltimore, Md.
(Kevin Richardson / Baltimore Sun) 7/36
Officer William Porter arrives by car to Courthouse East prior to closing arguments Monday.
(Barbara Haddock Taylor / Baltimore Sun) 8/36
Videographers try to get a shot of city police officer William Porter, whose car was turning a corner outisde the courthouse. Closing arguments are being heard today in the trial of officer William Porter.
(Barbara Haddock Taylor / Baltimore Sun) 9/36
Gary Proctor, an attorney for Officer William Porter, walks toward the courthouse for the closing arguments in his trial.
(Barbara Haddock Taylor / Baltimore Sun) 10/36
Officer William Porter enters Courthouse East for the start of day 9 of his trial relating to the death of Freddie Gray.
(Jerry Jackson / Baltimore Sun) 11/36
Officer William Porter enters Courthouse East for the start of day 9 of his trial relating to the death of Freddie Gray.
(Jerry Jackson / Baltimore Sun) 12/36
Ofc. William Porter enters Courthouse East on day nine of his trial in the death of Freddie Gray.
(Kim Hairston / Baltimore Sun) 13/36
Ofc. William Porter enters Courthouse East on day nine of his trial in the death of Freddie Gray.
(Kim Hairston / Baltimore Sun) 14/36
Protesters stand outside Courthouse East on the day nind of Ofc. William Porter’s trial in the death of Freddie Gray.
(Kim Hairston / Baltimore Sun) 15/36
Left, Bernard C. “Jack” Young, Baltimore City Council President, walks toward Courthouse East on Thursday morning.
(Kim Hairston / Baltimore Sun) 16/36
Michael Schatzow, Chief Deputy State’s Attorney, and right, Janice Bledsoe, Deputy State’s Attorney of Criminal Intelligence, walk to Courthouse East Wednesday morning. Ofc. William Porter’s defense team begins their arguments today.
(Kim Hairston / Baltimore Sun) 17/36
Cameramen wait outside Courthouse East Wednesday morning. Ofc. William Porter’s defense team begins their arguments today.
(Kim Hairston / Baltimore Sun) 18/36
Baltimore City police officer William Porter, right, one of six Baltimore police officers charged with the death of Freddie Gray, walks to courthouse East with one of his attornies for the third day of jury selection in his trial.
(Kevin Richardson / Baltimore Sun) 19/36
Marilyn J. Mosby, left, State’s Attorney for Baltimore City, arrives at Courthouse East for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 20/36
Marilyn J. Mosby, right, State’s Attorney for Baltimore City, arrives at courthouse East for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 21/36
A TV cameraman videos the lone protester outside Clarence M. Mitchell Jr. Courthouse across from courthouse East where the third day of jury selection for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray, will take place.
(Kenneth K. Lam / Baltimore Sun) 22/36
News reporters enter courthouse East for the third day of jury selection for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 23/36
Joseph Murtha, the attorney for police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray, walks to courthouse East for the third day of jury selection for Porter’s trial.
(Kenneth K. Lam / Baltimore Sun) 24/36
A Sheriff officer maintanins order as news reporters, background, and the general public, right. line up outside courthouse East to go into court for business or for the third day of jury selection for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 25/36
Michael Schatzow, Chief Deputy State’s Attorney for Baltimore City, left, and his staff walk to courthouse East for the third day of jury selection for the trial of police officer William Porter, one of six Baltimore police officers charged with the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 26/36
William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, walks to a courthouse for jury selection in his trial, Monday, Nov. 30, 2015, in Baltimore. Porter faces charges of manslaughter, assault, reckless endangerment and misconduct in office.
(Patrick Semansky / Associated Press) 27/36
The press gathers across the street from the courthouse on day two of the Porter trial.
(Barbara Haddock Taylor / Baltimore Sun) 28/36
William Porter, right, one of six Baltimore city police officers charged in connection to the death of Freddie Gray, walks into a courthouse with his attorney Joseph Murtha for jury selection in his trial. Porter faces charges of manslaughter, assault, reckless endangerment and misconduct in office.
(Kevin Richardson / Baltimore Sun) 29/36
This is a scene of photographers at the intersection of Calvert and Fayette Streets near the Mitchell Courthouse, on the first day of the trial of Officer William Porter.
(Barbara Haddock Taylor / Baltimore Sun) 30/36
Protestors gather outside Clarence M. Mitchell Jr. Courthouse, Monday, Nov. 30, 2015, in Baltimore, after the arrival of William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray. Porter, whose trial jury selection began Monday, faces charges of manslaughter, assault, reckless endangerment and misconduct in office.
(Patrick Semansky / Associated Press) 31/36
Members of the Baltimore City Sheriff’s Office stand outside Clarence M. Mitchell Jr. Courthouse, Monday, Nov. 30, 2015, in Baltimore, after the arrival of William Porter, one of six Baltimore city police officers charged in connection to the death of Freddie Gray. Porter, whose trial jury selection began Monday, faces charges of manslaughter, assault, reckless endangerment and misconduct in office.
(Patrick Semansky / Associated Press) 32/36
A group of about 15 people gathered outside Clarence M. Mitchell Jr. Courthouse to protest police brutality as TV news camera set up across the street on the first day of trial of Baltimore City police officer William G. Porter, one of six officers charged in the death of Freddie Gray.
(Kenneth K. Lam / Baltimore Sun) 33/36
Protesters hold signs outside the Mitchell Courthouse on the first day of the trial of Officer William Porter.
(Barbara Haddock Taylor / Baltimore Sun) 34/36
Protesters hold signs outside the Mitchell Courthouse on the first day of the trial of Officer William Porter.
(Barbara Haddock Taylor / Baltimore Sun) 35/36
Some members of the media assemble early at the courthouse for the first of the trials in the Freddie Gray case.
(Kenneth K. Lam / Baltimore Sun) 36/36
Some members of the media assemble early for the first day of the first Freddie Gray Trial.
(Kenneth K. Lam / Baltimore Sun) Porter’s defense team and attorneys for the other five officers have all previously argued fair and impartial juries could not be found in Baltimore -- and therefore the cases must be moved to another jurisdiction. They’ve argued city residents are too familiar with the case and could have strong feelings about potential post-verdict unrest that could sway their decisions.
Prosecutors have argued that city jurors can be fair. Of about 150 potential jurors called for Porter’s trial, all said they were familiar with the case. Still, the 12 jurors on the panel said that they could be impartial.
Proctor’s motion raising Thornton’s letter as an issue preserves the complaint for the defense in the event that it appeals a conviction in the case. Such an appeal could rest on the argument that the verdict was not fairly reached, that the jury was swayed by outside influences, and that the case should have been moved out of the city from the start.
The jurors in Porter’s case were sent home before 6 p.m. Monday, after deliberating for about three hours, and resumed deliberations before 9 a.m. Tuesday.
The jury sent several notes to the court Tuesday asking for water, sticky notes and for the clerk’s list of exhibits in the case. Williams said that the water and note paper would be provided, but that the exhibits list was not part of evidence and would not be provided.
The jury also asked for and were provided speakers for a computer they were given to watch and listen to evidence in the case. On Monday, they were denied transcripts of radio tapes from the day of Gray’s arrest and of a recorded statement Porter provided to police investigators in the days afterward.
krector@baltsun.com
jfenton@baltsun.com
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