Immediate medical help would have prevented death of Baltimore man: prosecution witness

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What Did Baltimore Officer William Porter Know?

A defense lawyer for a Baltimore police officer charged in the death of a young black man in police custody on Monday attacked the findings of the medical examiner who ruled the death a homicide.

Officer William Porter, 26, is accused of manslaughter in the April death of Freddie Gray from a spinal injury. His death triggered rioting in the largely black city and fueled a U.S. debate on police tactics.

Assistant Medical Examiner Dr. Carol Allan, who conducted Gray's autopsy, testified in Baltimore City Circuit Court that she would not have classified Gray's death a homicide had Porter called a medic when Gray asked for one.

Defense attorney Joseph Murtha asked Allan whether she was shown any evidence that showed Gray was hurt between the van's second and fourth stops or if that was her belief. Agreeing with Murtha, Allan called her finding a "theory."

"It's a theory based on witnesses' statements of Freddie Gray's behavior and medical analysis of the injury," she said.

The van made six stops after Gray, handcuffed and shackled, was put in it. Medical help was not called until Gray was found unconscious at the last one, at a police station.

Dr. Morris Marc Soriano, a neurological surgeon from Rockford, Illinois, and witness for the prosecution, said the failure to get Gray medical attention brought on brain death.

Had a medic promptly put a breathing tube down Gray's throat, "he would not have suffered the brain injury that killed him," he said.

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Immediate medical help would have prevented death of Baltimore man: prosecution witness
This photo provided by the Baltimore Police Department on Friday, May 1, 2015 shows, top row from left, Caesar R. Goodson Jr., Garrett E. Miller and Edward M. Nero, and bottom row from left, William G. Porter, Brian W. Rice and Alicia D. White, the six police officers charged with felonies ranging from assault to murder in the death of Freddie Gray. (Baltimore Police Department via AP)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Several protesters march and rally in downtown Baltimore. Some even blocked intersections impeding traffic. Today is the first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: City Sheriff's deputies form a perimeter around State's Attorney for Baltimore Marilyn Mosby (C) as she leaves the Baltimore City Circuit Courthouse East where pre-trial hearings were held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD- SEPTEMBER 02: Kwame Rose is arrested after he and several other protesters blocked various intersections in downtown Baltimore. The first hearing for six Baltimore police officers charged in the death Freddie Gray in Baltimore, Maryland on September 02, 2015. (Photo by Marvin Joseph/The Washington Post via Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peaceful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A Baltimore City Sheriff's deputy moves among a small crowd of peaceful demonstrators in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
BALTIMORE, MD - SEPTEMBER 02: A small and peacful group of demonstrators gather to protest in front of the Baltimore City Circuit Courthouse East where pre-trial hearings will be held for six police officers charged in the death of Freddie Gray September 2, 2015 in Baltimore, Maryland. Earlier this year Gray, 25, suffered a severe spinal cord injury while in police custody and later died. His funeral was followed by rioting, looting and arson. (Photo by Chip Somodevilla/Getty Images)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. (AP Photo/Alex Brandon)
Billy Murphy, an attorney who represents the family of Freddie Gray, stands between Senate President Thomas V. Mike Miller, seated far left, and Gov. Larry Hogan, center, as Hogan signs a bill to create a commission to study the implementation of police body cameras, Tuesday, May 12, 2015 in Annapolis, Md. Murphy said: The bills Hogan is signing Tuesday were approved before the death of Freddie Gray, who was fatally injured in Baltimore police custody last month. (AP Photo/Brian Witte)
Freddie Gray's stepfather Richard Shipley, right, speaks, as attorney Billy Murphy stands nearby, during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley speaks during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015, in Baltimore. State's Attorney Marilyn Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Marilyn Mosby, Baltimore state's attorney, speaks during a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody. (AP Photo/Alex Brandon)
Charvae Day, right, and Renay Battle react on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Marilyn Mosby, with folder, Baltimore state's attorney, departs after a media availability, Friday, May 1, 2015 in Baltimore. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody.(AP Photo/Alex Brandon)
Mayor Stephanie Rawlings-Blake speaks during a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
President Barack Obama pauses as he answers a question about the situation in Baltimore during a meeting in the Roosevelt Room of the White House in Washington, Friday, May 1, 2015, with persecuted journalists to mark World Press Freedom Day. The president Barack Obama said it's "absolutely vital" that the truth about what happened to Freddie Gray comes out. (AP Photo/Susan Walsh)
Mayor Stephanie Rawlings-Blake arrives to speak at a media availability at City Hall, Friday, May 1, 2015 in Baltimore. Rawlings-Blake says five of six officers charged in the death of Freddie Gray are in custody. State's Attorney Marilyn J. Mosby announced criminal charges Friday against all six officers. (AP Photo/Alex Brandon)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march on North Avenue after Baltimore authorities released a report on the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges will be filed. Gray, 25, was arrested for possessing a switch blade knife April 12 outside the Gilmor Houses housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
Freddie Gray's twin sister Fredricka Gray sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Freddie Gray's stepfather Richard Shipley, right, sits during a press availability at the Reginald F. Lewis Museum of Maryland African American History and Culture, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced Friday criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. (AP Photo/Alex Brandon)
Adrian Roberson, right, celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Police officers stand guard with the War Memorial behind, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody in Baltimore. (AP Photo/Alex Brandon)
The Rev. Pamela Coleman, center speaks on a city bus on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Dominique Cunningham celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Rabbi Yerachmiel Shapiro, left, and other citizens celebrate on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
Meach Johnson celebrates on Friday, May 1, 2015, after State's Attorney Marilyn J. Mosby announced criminal charges against all six officers suspended after Freddie Gray suffered a fatal spinal injury while in police custody in Baltimore. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/David Goldman)
A man shakes hands with a National Guard soldier outside City Hall, Friday, May 1, 2015 in Baltimore. State's Attorney Marilyn J. Mosby announced criminal charges Friday, against all six officers suspended after Freddie Gray suffered a fatal spinal injury in police custody. Mosby announced the stiffest charge, second-degree depraved heart murder, against the driver of the police van. Other officers faced charges of involuntary manslaughter, assault and illegal arrest. (AP Photo/Alex Brandon)
Protesters link arms while marching toward City Hall to demonstrate the police-custody death of Freddie Gray, Thursday, April 30, 2015, in Baltimore. Baltimore police say they have turned over their criminal investigation to a prosecutor who will decide whether charges are warranted in the death of Freddie Gray. (AP Photo/David Goldman)
BALTIMORE, MD - MAY 02: A man tears up on the street at North Ave., and Pennsylvania Ave., in West Baltimore a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: People participate in a dance party on North Ave., on the street a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 02: Protesters march on the street from City Hall a day after Baltimore authorities released a report on the death of Freddie Gray, May 2, 2015 in Baltimore, Maryland. Marilyn Mosby, Baltimore City state's attorney, ruled the death of Freddie Gray a homicide and that criminal charges would be filed against six Baltimore City Police officers. Gray, 25, was arrested for possessing a switch blade knife on April 12 outside the Gilmor Homes housing project on Baltimore's west side. According to his attorney, Gray died a week later in the hospital from a severe spinal cord injury he received while in police custody. (Photo by Patrick Smith/Getty Images)
BALTIMORE, MD - MAY 01: Protesters march through the streets in support of Maryland state attorney Marilyn Mosby's announcement that charges would be filed against Baltimore police officers in the death of Freddie Gray on May 1, 2015 in Baltimore, Maryland. Gray died in police custody after being arrested on April 12, 2015. (Photo by Andrew Burton/Getty Images)
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Gray was arrested after a foot chase. He was put in the back of a transport van and was not secured by a seat belt.

Porter is charged with manslaughter, assault, misconduct and reckless endangerment. Prosecutors contend he was negligent in failing to call a medic when Gray asked for one and for failing to fasten a seat belt for him.

The defense has said Porter did not believe Gray was seriously injured until he was found unconscious at the police station.

One of the jurors, a black woman, was excused for a medical emergency, and was replaced by a white man. The panel now comprises seven women and five men.

Porter is the first of six officers to face trial. He could be sentenced to more than 25 years in prison if convicted on all counts. Charges against the other officers range from misconduct to second-degree murder.

(Reporting by Ian Simpson; Editing by Dan Grebler)

Read more at Reutershttp://www.reuters.com/article/us-baltimore-police-idUSKBN0TQ16620151207#WEETrwPVMrxiGmw5.99

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