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Maloney Questions Enforceability of Immunity in Freddie Gray Case

Timothy F. Maloney was recently quoted as an expert source in a Washington Post article regarding the Freddie Gray case. The issue relates to Baltimore police officer William G. Porter being called as a prosecution witness against fellow officers Caesar R. Goodson Jr. and Alicia D. White while awaiting a retrial on charges of involuntary manslaughter. Porter was offered limited immunity for his testimony, which his lawyers say cannot be enforced.

“Maryland lawyer Timothy Maloney said he does not see how Goodson’s trial could move forward with Porter as a witness until judges consider an appeal. Maloney was a member of a commission reviewing the state’s criminal code in the 1980s and raised questions about the constitutionality of the type of immunity prosecutors are offering to compel Porter’s testimony.”

“There are real questions with the enforceability of that promise,” Maloney said of the proposed immunity. “It is a very important question, and it is one that has to be litigated now or never . . . because once he testifies, he loses his right to remain silent.”

Maloney said “transactional immunity,” which is broader, would be more appropriate but would prevent prosecutors from retrying Porter.

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