Proceedings are set to continue for the fourth Baltimore police officer being tried on charges arising from the death of Freddie Gray, a young black man severely injured last year in police custody.

The bench trial of Lt. Brian Rice, the highest-ranking officer charged in the death of Freddie Gray, was scheduled to resume Monday. Rice is facing manslaughter, assault, reckless endangerment and misconduct in office charges.

Timeline: 

12:15 p.m.

The trial is expected to resume at 2 p.m. after a lunch break.

A court spokeswoman told WBAL NewsRadio 1090 that Officer Edward Nero, who was acquitted at his own trial in May, was  issued a subpoena by prosecutors forcing his testimony today.

Nero is suing the state’s attorney’s office so prosecutors were allowed to ask waht the defense considered to be "leading questions."

Nero described meeting with Rice and Officer Garrett Miller after Freddie Gray was first loaded to the van, and Rice decided Gray should be sent to Central Booking. 

Under cross examination, Nero mentioned the van had to stop at Mount and Baker first to get Gray into leg shackles and to get him away from a growing crowd coming out of Gilmor Homes, that Nero said was growing hostile and threatening to police. 

Nero also said Gray’s arms were flailing at the time of his arrest and when he was put back into the van. but prosecutors later asked him to point out in surveillance video where he saw Gray’s arms flailing. Nero said that he  couldn’t see that in the video. 

Meantime, Officer William Porter also testified and he noted Gray had moved off the van seat, when the van arrived at its fifth stop on North Avenue.

There was also brief testimony this morning from University of Maryland Police Capt. Martinez Davenport, who is a former Baltimore City Police lieutenant who conducted routine seat belt inspections on police vans.

The last witness called to the stand, before the lunch break, was Angelique Herbert, who was the EMT who responded to the Western District to find an unconscious Gray.

Herbert never testified this morning, as there was a lengthy conference at the bench between attorneys and Judge Barry Williams.

Shortly before court recessed for lunch, the judge said both sides would agree to stipulations regarding Herbert's testimony, when court resumes.

Herbert went off the stand, and shook hands with Assistant State's Attorney Janice Bledsoe.

Prosecutors are expected to wrap up their case today.  They have yet to call another accused officer, Garrett Miller to the stand.  Miller is being ordered to testify for the state.  His trial starts later this month.

11:50 a.m.

Officer William Porter spent roughly 30 minutes on the stand. His first trial ended in a hung jury--he testified under limited immunity granted by the prosecution.

Porter testified that he put Gray on the van's seat at the van's fourth stop and asked Gray if he wanted to go to the hospital. At the van's fifth stop, he said Gray was leaning against the van seat. Porter said on cross-examination, when asked, that Porter and Gray hyad met before. He said Gray was docile at the van's fourth stop, clarifying to Rice's attorney that Porter was not injured.

On a contentious redirect, prosecutor Micharl Schatzow showed video of Porter's initial interview with internal affairs. He pointed out that Porter said Gray's body was more angled in that initial interview. Porter said that his initial statement at the time was not accurate.

11:00 a.m.

Court is in brief recess after Officer Edward Nero has wrapped up testimony after 40 minutes. 

After bench conference, Judge Williams acknowledges that Officer Nero is suing state's attorney and has been previous defendant. 

Under cross-examination Officer Nero said the decision to go to Mount and Baker was based on a "hostile environment" at first stop. Nero also claimed that Gray, at the arrest, was partially cooperating, partially not.

 

10:00 a.m.

Officer Edward Nero is taking the stand for the prosecution. Nero was acquitted at his own trial in May.

9:25 a.m.

Lt. Brian Rice has arrived at Courthouse East for the third day of his manslaughter trial.

Rice arrived at the courthouse with his attorneys Michael Davey and Michael Belsky just after 9 a.m.

About a dozen protesters were standing on the corner of Lexington and Calvert Streets as Rice arrived.

There was no chanting or attempts to confront Rice who was surrounded by sheriff's deputies.

The protesters were from the People's Power Assembly, which has organized other demonstrations during the Freddie Gray related trials.  

The dozen protesters were the largest group to appear at the courthouse since the trial began last week.

Some of the protesters held signs calling for justices for Alton Sterling, who was shot and kileld by police last week in Baton Rouge, Louisiana, and Ohilando Castille, who was shot and killed by police in Minnesota.

5:45 a.m.

The trial of Lt. Brian Rice, the highest ranking Baltimore City Police officer charged in the death of Freddie Gray enters its third day. 

Rice is charged with manslaughter, second degree assault, misconduct in office, and reckless endangerment.

In court filings, prosecutors had said they would take three days to present their case, and if that schedule holds the state will rest today. 

Prosecutors are basing their case on Rice, as the officer in charge the day Freddie Gray was arrested, failed in his responsibility to protect Gray. 

Another accused officer, Garrett, Miller, is expected to testify, as he has been ordered to testify in this trial. 

Miller testified at Officer Edward Nero's trial in May, and said that Rice initially chased Gray and asked him and Nero to help, but did not explain why Gray was being chased.

Miller faces his own trial, which starts July 27, and is being offered limited immunity for his testimony.

On Friday both Nero, and Officer William Porter  were both in the courthouse Friday, but neither officer testified.

Porter, who faces a retrial in September, has been ordered to testify in the trials of the other five accused officers.

Last month, he testified at the trial of Officer Caesar Goodson, but he did not testify at Nero's trial.

Prosecutors have presented nine witnesses over two days last week.  All of these witnesses have testified at other trials, but since each case is separate, witnesses have to testify again. 

On Friday, Brandon Ross, the friend of Freddie Gray who took the video of Gray being loaded back into the van described his encounter with Rice.

He said Rice repeatedly told  him to move away from the scene, and he testified Rice, "acted like a jerk."