Maryland's Highest Court To Argue Whether Porter Should Testify

BALTIMORE (WJZ) -- Just a few hours from now Maryland's highest will hear critical arguments: should one of the officers charged in the death of Freddie Gray be forced to testify?

Rick Ritter breaks down the impact this will have on the high-profile case.

Attorneys filed the written arguments Wednesday; they will battle it out in Annapolis Thursday. In the meantime, everything is on hold until the judges can make a decision.

Just hours from now, prosecutors and defense attorneys will hash it out in Maryland's highest court.

"This is obviously an important case for a number of reasons--one--everyone knows it's a high-profile case," said attorney Adam Ruther, Rosenberg, Martin, Greenberg.

At issue--should Officer William Porter be forced to testify against the other officers charged in the death of Freddie Gray.

Porter's trial ended with a hung jury in December, sparking protests and outrage.

He was ordered by Circuit Judge Barry Williams to testify in two of the officers' cases, which his lawyers are trying to overturn.

In the other three cases, Judge Williams did not order Porter to testify, which prosecutors are trying to overturn.

Attorney Adam Ruther breaks down Thursday's showdown.

"There are no opening statements, there are no closing arguments--it's just oral argument based on what's already been presented in writing to the court," he said.

An opportunity for judges to weigh in.

"Each side is going to have a finite amount of time to present their argument to the court, and they can be interrupted at any moment by any of the judges," said Ruther.

Porter's attorneys are arguing that if he's forced to testify, it will be impossible for him to get a fair trial, adding that the state "is trying to make Porter their piñata."

WJZ obtained the written arguments attorneys filed. Prosecutors argue Porter testifying is "in the public interest," while Porter's attorneys argue his "testimony would still infect the proceedings."

A decision that could take the judges days--or months--delaying everything in the process.

The seven judges have to come to a majority decision. It does not have to be unanimous.

The current term for Maryland's Court of Appeals ends September 1. Many expect a decision before then.

Porter is facing charges of involuntary manslaughter, second-degree assault and misconduct in office.