For links see article source.....
Posted for fair use.....
http://www.baltimoresun.com/news/ma...porter-trial-jury-tuesday-20151215-story.html
Jury says it is deadlocked in Officer Porter case; judge sends back for more deliberations
By Kevin Rector and Justin Fenton•Contact Reporters
The Baltimore Sun
December 15, 2015, 3:51 PM
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 at about 3:30 p.m. for a jury note.
Williams said the jury said they were deadlocked. The jury 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 upon 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, arguing their decision could be affected by concern for its impact in the community.
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 of what they heard during the trial. But, he said, the court never said "don't open your child's homework packet."
The defense asked that jurors be questioned whether they received the letter. Williams also denied that request.
Proctor noted he has children in the city school system himself and received the letter. Some of the jurors may have as well, and it could have had an impact on their ability to reach a fair verdict, he said.
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 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 rose 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 on 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.
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 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 following.
krector@baltsun.com
jfenton@baltsun.com
