Prosecutors have have dropped the charges against three remaining officers in Freddie Gray related trials: Officers Miller, Porter and White. More streaming on 1090 AM and streaming here.

9:20 a,.m.

Officer Garrett Miller has arrived at Courthouse East for a motions hearing on his trial related to the death of Freddie Gray.

Miller and his attorney arrived  at the courthouse at around 9:15 this morning.

This is a very unique hearing, known as a Kastigar Hearing, named for a 1972 Supreme Court case. 

It centers on Officer Garrett Miller’s testimony at the trial of Officer Edward Nero in May, in which Miller testified, he was the only officer to arrest Freddie Gray. 

Under an immunity agreement, none of this testimony can be used in Miller’s trial, there is even a new prosecution team to show the judge this is a completely different case. 

However, the defense argues that prosecution is tainted, because the new prosecutors have talked to the old prosecutors about the case. 

Six assistant state’s attorneys have been subpoenaed to testify.

5:00 a.m.

It is back to court today for one of the officers charged in the death of Freddie Gray.

Today's hearing for Officer Garrett Miller is precedent setting.

Garrett Miller is believed to be the first defendant in Maryland history to testify for the state at the trial of a co-defendant, and then go on trial himself.

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In May, Miller testified  at the trial of Officer Edward Nero that it was he and no other officer who actually arrested Freddie Gray.

Under a 1972 decision by the Supreme Court (Kastigar v. U.S.) none of that testimony can be used at Miller's trial, and so today a hearing will be held to make sure prosecutors don't use any of Miller's testimony or evidence coming from it at his trial.

This hearing is called a Kastigar hearing, named after the Supreme Court decision.

There is a new set of prosecutors handling this case, but the defense is expected to argue that prosecutors who have handed the cases until now have spoken with the new prosecutors, and that prevents Miller from getting a fair trial.

Defense attorneys Catherine Flynn and Brandon Mead are seeking subpoenas to force the testimony for six assistant state's attorneys, including Michael Schatzow and Janice Bledsoe, who have prosecuted the four trials that have been held, and Lisa Phelps and Sarah David, the two prosecutors named for this case.  

There are other pre-trial motions to be considered today, and Miller is expected to request a bench trial, rather than a jury trial.

Nero, along with Officer Caesar Goodson and Lt. Brian Rice, were all acquitted in bench trials.  

Rice was acquitted last week.

Officer William Porter's first trial ended with a hung jury, and he will face a retrial in September. Phelps and David will prosecute that case as well, as Porter has testified for the state at Goodson's and Rice's trial.

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