On what was scheduled to be the first day of the trial of Baltimore City Police Officer Caesar Goodson, Judge Barry Williams is scheduled to hold a hearing this morning over whether the charges should be dismissed.

CLICK HERE to read the late filings in this case.

In a court filing dated Monday, but unsealed last night, Goodson's attorneys argue the charges should be dismissed because prosecutors had a meeting with Donta Allen, the second man who was loaded into the police transport van with Freddie Gray, and did not notify the defense.

Defense attorney Matthew Fraling argued prosecutor's actions violated Goodson's "constitutional rights."

Fraling argued that the Court found the prosecutors withheld evidence to the defense on two prior occasions and this is the "third strike."

"The only remedy that can rectify the state's violations,,,and deter these and other prosecutors from engaging in the same improper game playing in the future, is dismissal of the charges against Officer Goodson."

In court papers Deputy State's Attorney Janice Bledsoe confirmed the meeting did take place on May 4, with Allen's lawyer present, but she notes the meeting was not recorded and there is no transcript of the meeting.

Bledsoe did say prosecutors had no intention of calling Allen as a witness.

"The State does not intend to call Allen as a witness at trial, barring some unexpected development."

Bledsoe does note that Allen is in prison in Maryland and that prosecutors have issued documents to require Allen be brought to Baltimore to be available for trial, if Goodson's attorneys want to call Allen as a witness.

Allen was arrested on April 12, 2015, at the van's fifth stop, on North Avenue.  He was loaded into a separate section of the van, but separate from Gray by a partition.

Bledose noted that there is no legal basis to dismiss the charges.  

Allen has offered conflicting statements both to police and to news outlets, including WBAL-TV, over whether he heard Gray screaming in the van, and whether the van ride was smooth or bumpy.

Prosecutors argue, Gray's injuries were suffered in the van in part to him not being placed  seat belt during a bumpy ride.

Allen was brought to Baltimore in December during the trial of Officer William Porter, but he was never called to the stand.

Today's hearing is set to begin at 9:30 a.m.

Trial Background

This trial will  mark the second time in a month that Judge Barry Williams, and not a jury will decide the case of an accused officer, in this case the police van driver, Caesar Goodson.

Goodson  faces the most serious charges, seven of them, including second degree murder depraved heart.

If convicted on that charge, Goodson could face up to 30 years in prison.

He is also charged with manslaughter, second degree assault, manslaughter by auto or boat, criminally negligent manslaughter by vehicle, misconduct in office, and reckless endangerment.

Goodson waived his right to a jury trial earlier this week, and this means the trial will move faster than if a jury was hearing it.

Still the judge has not indicated as to how long the trial will take.

The judge did hand the defense a victory earlier this week when he said prosecutors could not introduce a statement their star witness Officer William Porter made to an internal affairs officer in which he said he heard Freddie Gray say that he couldn't breathe and Goodson did nothing.

The judge called that "hearsay."

Porter, whose own trial ended with a hung jury in December, is being offered limited immunity by prosecutors and is forced to testify at Goodson's trial as a material witness.  

The prosecution's case centers on whether Goodson knew that Freddie Gray was injured and did nothing to help him, and whether his failure to put Gray in a seat belt contributed to his fatal injuries.

Prosecutors will argue that as the van driver, Goodson was ultimately responsible for Gray's safety.

The judge will also hear about the one van stop, at Mosher and Freemont Streets, where prosecutors say only Goodson checked on Gray, and did not offer him any kind of medical help.

Goodson turns 47 next month and is the oldest of the six accused police officers.  

Goodson is also the only one of the six accused officers, who has not filed a lawsuit against Baltimore City State's Attorney Marilyn Mosby.

Federal lawsuits were unsealed this week that were filed by Officers Edward Nero and Garrett Miller, and Lt. Brian Rice.

Last month a lawsuit filed by Porter and Sgt. Alicia White was unsealed in Baltimore City Circuit Court.