It is day four of the manslaughter trial of Lt. Brian Rice, the highest ranking officer charged in the death of Freddie Gray.

Rice now faces three charges, after one charge was dropped on Monday.

The defense wanted all four charges against  Rice dismissed after the prosecution rested its case. 

Judge Barry Williams would only dismiss the second degree assault charge, noting the state hadn’t proven its case. 

Three charges remain.

They are manslaughter, misconduct in office and reckless endangerment, though on the last charge, the judge said it was a "close call. "

The defense will present more witnesses today but first the judge will hear arguments on a defense request to have a transcript of Officer William Porter’s trial testimony admitted as evidence.  

Porter testified for the prosecution under limited immunity on Monday.  However, Rice’s attorneys argued that the state limited their scope of questioning on the stand. Porter's attorneys told the court if called to testify again, he would invoke his right to remain silent, even though he is ordered to testify at all trials. Porter faces a retrial in September. 

The defense argues that Freddie Gray was an uncooperative detainee, and partially injured himself, and that contributed to his death, and that Lt. Rice’s actions were reasonable. 

The defense already presented testimony from Donta Allen, the other prisoner in the van with Gray, separate by a wall, Allen said he heard Gray banging his head. 

The defense also presented testimony from Officer Zachary Novak, who responded to the van’s second stop at Mount and Baker Street, because of concerns about a crowd surrounding the van. 

Under cross examination Novak told prosecutors that crowd had left by the time he arrived on the scene. The defense could wrap up its case late today or tomorrow.

Court resumes at 9:30 a.m.