By Saliqa Khan
Bio
Judge rules on state's discovery violation in Goodson trial
UPDATED 3:46 PM EDT Jun 15, 2016
Officer Caesar Goodson
BALTIMORE —The judge in the trial of Officer Caesar Goodson ruled Wednesday on the state's discovery violation, saying a detective may be allowed to testify for the defense.
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In response to defense complaints, Baltimore City Circuit Court Judge Barry Williams last week ordered prosecutors to review their case files searching for any evidence they had not disclosed to the defense.
New evidence reveals Medical Examiner Dr. Carol Allan characterized Freddie Gray's manner of death as accidental to a police detective investigating the case. The information is in stark contrast to Allan's testimony last week, in which she said, "The word 'accident' never crossed my lips to anyone other than to say, 'This was not an accident.'"
"This would be a way for the defense to attack her credibility, but it's not a slam dunk (that) if they have this they win," said University of Baltimore Law School Professor David Jaros.
The judge ruled that the defense can use the statement if they wish.
"The state's explanation for not having turned this over was they themselves didn't have it, that they had asked for everything from the police. Now, under the law, the prosecution is responsible and is presumed to have access to everything the police has," Jaros said.
The state also turned over to the defense enhanced audio of a video taken by Kevin Moore at the second stop of the police van. The state said the enhanced audio was to make it "easier to understand what was said." The state said the video shows it's clear that Gray was not speaking.
Paramedic asked officers, 'What the (expletive) did you guys do?'
The state called its 21st witness, Angelique Herbert, the paramedic who responded to the Western District to treat Gray. Asked by the state what she said to officers at the scene, Herbert said she asked, "What the (expletive) did you guys do?" She said none of the officers responded.
Herbert said Gray was not blinking his eyes, didn't respond to verbal cues, and had secretions under his nose.
Herbert testified that she began treating Gray, saying she "felt the back of his neck." She said Gray's neck felt "crumbly, like a bag of rocks."
Herbert testified that she didn't see swelling, bruises or cuts on Gray's head.
Herbert said she noticed blood and fluid under Gray's nose and she suspected a "skull fracture." Herbert said Gray was secured and CPR was started.
Herbert said she tried to figure out why Gray was not breathing and said it was possible that Gray could've ingested some type of drugs.
Goodson is the third of six Baltimore police officers charged in Gray's death to stand trial. The trial of Officer William Porter ended in December with a hung jury. Officer Edward Nero was found not guilty on all charges after his bench trial ended in May.
Goodson is facing the most serious charges among the officers charged in Gray's death: second-degree depraved heart murder, manslaughter, second-degree assault, two counts of vehicular manslaughter, reckless endangerment and misconduct in office.