A hearing on various pretrial motions in the case of Officer Caesar Goodson is set for this Wednesday, and according to documents posted on the court's website Thursday, the defense is seeking access to Freddie Gray's medical
CLICK HERE to read the various filings.
Goodson was the driver of the transport van that carried Gray to the Western District when he was arrested on April 12. It was in that van, where prosecutors believe that Gray suffered his fatal injuries. He died a week later.
Goodson is charged with second degree murder, depraved heart and six other offenses.
In a motion dated December 17,
defense attorneys Matthew Fraling and Andrew Graham request Gray's medical records dating back to April 12, 2010.
They cite a March interview that Gray gave with
police Sgt. John Herzog in which Gray told him that he had a previous back injury.
The transcript of the interview was provided to Goodson's defense team earlier this month, after the issue was raised in the trial of Officer William Porter. Porter's attorney at the time had asked for a mistrial, after accusing the prosecution of failing to disclose records of the interview. At the time, Judge Williams denied the request for a mistrial, but ordered prosecutors to hand over the transcript. The evidence was never used by Porter's defense team at trial. A mistrial in Porter's case was declared on December 16, after jurors told the judge they could not reach a unanimous verdict. A new trial for Porter is scheduled for June 13.
In their requests for Gray's medical records, Fraling and Graham argue that Goodson's constitutional rights outweigh Gray's right to privacy.
The attorneys ask the judge as an alternative to having the prosecution turn over the records, that the attorneys be allowed to review the records in the judge's chambers, with prosecutors present.
Judge Williams had denied a similar motion in Porter's trial.
Like Porter's attorneys, Goodson's attorneys are asking the judge to sequester jurors, and if that is denied, the jurors be required to meet at a different location in the morning only to be brought to
court by sheriff's deputies to avoid media and protesters.
Judge Williams denied a similar motion in the Porter case.
This motion was filed December 15, while the Porter jury was still deliberating, and Fraling and Graham ague that regardless of the outcome of the Porter trial, Goodson faces the risk in an "over-correction" by jurors who would feel pressured reach a guilty verdict.
Jury selection for Officer Goodson is set for January 11.
Wednesday's hearing is set for 9:30 a.m. at Courthouse East.