Judge Barry Williams ruled on Thursday that prosecutors had deliberality withheld pertinent evidence from the defense in the death of Freddie Gray that could have substantially helped the defenses case. African American law enforcement official Caesar Goodson is the one on trial as he was the one driving the car the night of Grays death.
The judge gave prosecutors until Monday to provide any and all missing evidence to the defense. The defense believes prosecutors held back statements from Donta Allen, a witness. He was a suspect who had been picked up by the same police car during the night in question. Allen is a key witness.
“In his original statement to police in April last year, Allen said he heard banging coming from Gray’s side of the vehicle. He gave a similar statement in a separate interview with prosecutors a month later, but the state never turned it over as evidence to defense attorneys. Williams found today that prosecutors committed a Brady violation — after Brady v. Maryland, a 1963 Supreme Court decision requiring prosecutors to disclose evidence that would aid the defense — because Allen’s May 2015 statement was deemed exculpatory evidence.”
Andrew Graham who is one of Goodson’s attorney’s commented,
“The state doesn’t get to decide whether or not to disclose information. The state sat on it for over a year. It’s not up to them to make that decision. Even a small piece of evidence may make a difference. It’s not fair to the defense.”
Allen is the only officer involved being charged with a crime and he faces up to thirty years in prison. He is charged with a depraved-heart murder and second-degree murder. Which is very difficult to prove.
Ironically the Judge, the defense attorney, the State’s Attorney, the suspect, the victim and he U.S. Attorney General are all black. For those wanting to call this a racial issue its pretty clear its not just white people who have a problem with the malicious prosecution of the Attorney General against law enforcement officers. Because the Judge ruled in the defenses favor.