Tuesday, 9:30 p.m.

Judge Barry Williams has ordered prosecutors they cannot use 4,000 pages of training documents related to Lt. Brian Rice’s in-service training that occurred while he was a police officer. 

The judge said prosecutors violated discovery rules by not turning those documents over to the defense in advance of trial. In a hearing this morning, Assistant State’s Attorney Michael Schatzow told the judge that though prosecutors requested the documents from the police department late last year, but they did not receive the documents until Tuesday of last week, and only then did they turn over the documents to the defense. 

Judge Williams rejected a request from defense attorney Michael Belsky to dismiss the charges, but he did say prosecutors should have asked police supervisors to send the documents sooner, or asked the court to issue a subpoena. Schatzow said prosecutors did not want to seek a subpoena.

In a statement to WBAL NewsRadio 1090 and WBAL-TV tonight, Baltimore City Police spokesman T.J. Smith disputed Schatzow's account, noting that the formal request for the records came last month, and police officials had staff working overtime to fulfill the request.

"We received a written request from the SAO (State's Attorney's Office) on June 18, 2016 in reference to training documents related to Lt. Brian Rice.The BPD immediately began to collect those documents, even paying overtime, to provide to the SAO.," the statement read.

"As with all requests for documents from the SAO, the BPD worked diligently to provide a timely and thorough response in this case. In fact, BPD extended employees' work hours to locate and copy responsive records in order to produce them on time. "

Because of the judge's gag order, prosecutors cannot comment on the case outside of the courtroom.  

The judge also denied most defense motions today, including one to dismiss all charges citing defects in the prosecution. Rice waived his right to a jury trial, and opted instead to have Judge Williams decide the case. 

The judge recessed proceedings until Thursday morning, when the trial is scheduled to begin.

10:05 a.m.

Lt. Brian Rice is opting for a bench trial rather than a jury trial. He follows the lead of Officer Caesar Goodson and Edward Nero, both of whom were acquitted in bench trials

Judge Barry Williams has also denied most of the defense motions in this case, including the main motion dismissing all charges because of defects in the prosecution, and a separate motion to dismiss the separate reckless endangerment charge. 

The defense had argued that the reckless endangerment law did not apply to police vehicles. 

The motions hearing continues right now.

7:30 a.m.

Pre-trial motions for Baltimore City Police Lt. Brian Rice will be heard this morning, with Rice's trial scheduled to begin on Wednesday.

Rice faces manslaughter, assault, reckless endangerment and two counts of misconduct in office in the death of Freddie Gray.

Rice's trial begins two weeks after Judge Barry Williams acquitted Officer Caesar Goodson on charges related to Gray's death, and about two months after Williams acquitted Officer Edward Nero. Rice was the bike patrol officer who spotted Gray and two other officers in April of last year, and began chasing Gray, after Gray ran away.

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Rice was one of two officers who loaded Freddie Gray back into the van, after the van's second stop at Mount and Baker Streets.  In testimony in other trials, Rice was actually inside the police van, putting Gray on the van floor.

Rice is one of five officers suing Baltimore City State's Attorney Marilyn Mosby and Baltimore City Sheriff Major Sam Cogen for wrongful arrest and prosecution. Last week, Rice, and the three other officers awaiting trial, filed a motion to dismiss all of the charges citing a "defect" in prosecution. 

In an affidavit unsealed in Rice's federal lawsuit, Cogen claims he was not part of the investigation that led to the charges filed against the officers. Mosby's office had claimed Cogen led independent investigation for their office, but Cogen in his affidavit said he only signed off on the investigation completed by the state’s attorney's office. Cogen also admitted to signing the arrest warrants for the six officers charged.

The defense attorneys also cite a Baltimore Sun report last weekend, in which the newspaper obtained the notes of police Detective Dawnyell Taylor, who said she was told by the state's attorney to present a script to grand jurors that contradicted the findings of the police department's investigation into Gray's death.

The defense attorneys argue the script was written by assistant state's attorney Janice Bledsoe.

For now, Rice's trial is a jury trial, but attorney Warren Alperstein, who has no connection to the case, believes it is likely Rice will ask for a bench trial during Tuesday's hearing. 

There are also a number of motions filed by the defense, including one to dismiss the reckless endangerment charge against Rice.

Alperstein said he believes that motion may be approved by the judge, noting that at the Goodson trial, Judge Williams ruled that while Goodson may have failed to put Gray in a seat belt, in the police van, it was not clear if that failure caused Gray's fatal injuries. 

Judge Williams must also consider motions to prevent the issue of the legality of the knife seized on Freddie Gray from being introduced at this trial.  Prosecutors argue the knife was legal, and therefore Gray's arrest was illegal, and Rice's conduct is criminal.

During Officer Edward Nero's trial, Judge Williams did not rule on the legality of the arrest, only that Nero played no role in the arrest.

Rice's trial is expected to wrap up late next week or early the following week.

Meanwhile, supporters of Mosby plan to hold a demonstration outside the courthouse today to show support for the prosecutor.

The rally organized by the Southern Christian Leadership Conference is in response to a formal complaint against Mosby filed last week with Maryland's Attorney Grievance Commission.  That complaint seeks to have Mosby disbarred.

A former California  prosecutor filed his own ethics complaint against Mosby.

Mosby's office last week released to WBAL-TV and other news outlets several threatening emails Mosby has received related to her prosecution. A spokeswoman says those have led to increased security for Mosby and her family.  

Court begins at 9:30 this morning.