The Court of Special Appeals will hear arguments from Officer William Porter’s attorneys on March 4 to determine if Porter can be compelled to testify at a fellow officer’s trial while his retrial is still pending.
The appellate court had previously stayed Officer Caesar Goodson’s trial, set to begin this week, pending the outcome of the appeal.
Baltimore City Circuit Judge Barry Williams ruled last week Porter could be compelled to testify so long as he was granted use and derivative use immunity, preventing prosecutors from using anything he said or anything that could be derived from it against him. Defense attorneys Joseph Murtha and Gary E. Proctor contended once their client testified at another trial, prosecutors could not unhear what he said.
Porter also is supposed to be a witness in the case against Sgt. Alicia White, currently scheduled for trial Feb. 8, but has not been mentioned in connection with trials for Officers Edward Nero and Garrett Miller nor Lt. Brian Rice, which are scheduled for later this year.
Tuesday’s scheduling order mandates Porter’s attorneys file their brief on the issue by Jan. 26 and gives the state until Feb. 10 to respond.
The Maryland Office of the Attorney General is handling the appeal on behalf of the state.
The appellate case is State v. Officer Caesar Goodson, 2308/15.