Jaros on motion to compel officer to testify against colleague

David Jaros

In today’s Daily Record, Professor David Jaros discussed the move by Baltimore prosecutors to compel Officer Garrett Miller to testify against fellow Officer Edward Nero. Both Baltimore police officers were involved in the arrest last April of Freddie Gray, whose death in police custody sparked unrest in the city.

The Maryland Court of Appeals ruled last month that Officer William Porter, also involved in the Gray case, can be compelled to testify against his five co-defendants despite a pending retrial; his trial ended in a mistrial late last year. The Court of Appeals has yet to release details of its reasoning in that ruling.

Jaros stressed that there is a significant difference between Porter’s and Miller’s situations. Porter has had a full trial, which included hours of his own testimony, while there is no record of the state’s case against Miller.

“This is much more problematic than Porter because, in this case, we will not have had a full preview of all the evidence that the prosecutor has,” Jaros said.

Adam Ruther, J.D. ’08, a defense attorney with Rosenberg Martin Greenberg LLP in Baltimore, told The Daily Record that before the Court of Appeals ruling in the Porter case, Miller would not have been called as a witness against a fellow officer unless he had struck a deal with prosecutors in exchange for his testimony.

Nero’s trial is scheduled to begin May 10. Miller’s is to start July 27.

You will need a subscription to read the full story, “Prosecutors test Court of Appeals ruling in Porter case.”

Learn more about Professor Jaros.

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