Judge Barry Williams found Monday prosecutors failed to disclose that Freddie Gray had allegedly told a police officer the month before he died that he suffered from back problems.
Following a day of testimony from medical experts about Gray's injuries, Williams ruled outside of the presence of the jury that prosecutors had committed a discovery violation by not informing defense attorneys for Officer William Porter. A police officer had informed a prosecutor, who is not working on the case, that Gray told him during a March arrest that he had back problems after the officer noticed him sitting awkwardly.
Porter's attorneys asked that Williams dismiss the charges against Porter, grant a mistrial, or strike the testimony of the medical experts who had testified. Williams did not grant those requests but said the defense could use the information.
During the testimony of Dr. Carol Allan, the medical examiner who performed Gray's autopsy, and Dr. Morris Marc Soriano, a prosecution expert, defense attorneys asked about whether Gray had a prior condition. Allan said she had discussed with police the possibility that Gray had a pre-existing injury, but concluded that she could find no such evidence.