Court hearing for 6 officers charged in death of black man

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Judge Denies Motion to Dismiss Charges in Freddie Gray Case

BALTIMORE (AP) -- A Baltimore judge on Wednesday refused to dismiss charges against six police officers in connection with the death of a black man from injuries he suffered while in custody. The judge also refused to remove the prosecutor in the case.

The death of 25-year-old Freddie Gray - who succumbed to injuries sustained after his arrest on April 12 - sparked rioting and unrest that shook Baltimore for days. Protests Wednesday outside the Baltimore courtroom where a pretrial hearing on the charges took place resulted in just one arrest.

Click through to see photos of the officers and reaction in Baltimore:

16 PHOTOS
Baltimore, Officers charged in death of Freddie Gray
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Court hearing for 6 officers charged in death of black man
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)
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)
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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Defense attorneys failed to persuade Circuit Judge Barry Williams that what they claimed was prosecutorial misconduct on the part of State's Attorney Marilyn Mosby was reason enough to drop the charges against the police officers - which range from second-degree assault to second-degree murder.

Williams ruled that while Mosby's public comments regarding initial statements made by the officers to investigators were "troubling," they were not likely to prejudice a jury.

Andrew Graham, an attorney representing Officer Caesar Goodson, unsuccessfully argued that Mosby's comments after filing charges against the officers were "reckless and unprofessional," and violated the rules of conduct. He likened Mosby's comments on the case to a "pep rally calling for payback."

Williams also ruled against another defense motion, one that sought to have Mosby removed from the case due to what the defense contended were conflicts of interest. He called the assertion that Mosby's judgment was impacted by the fact that her husband Nick Mosby is a councilman in a district that experienced a disproportionate amount of violence "troubling and condescending."

"Being married to a councilman is not a reason for recusal," he said.

Williams added that allegations of prosecutorial misconduct would have to be addressed by the state Attorney Grievance Commission.

See photos from previous protests:

14 PHOTOS
(5/1 update) Baltimore Freddie Gray protests - NYC and elsewhere
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Court hearing for 6 officers charged in death of black man
PHILADELPHIA, PA - APRIL 30: Micaiah Bakues-Freeman, 9, joins protestors demonstrating over the death of Freddy Gray outside City Hall on April 30, 2015 in Philadelphia, Pennsylvania. Freddie 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 Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie 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 Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march in demonstration over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie 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 Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors linger in front of a large contingent of police officers after marching over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie 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 Mark Makela/Getty Images)
PHILADELPHIA, PA - APRIL 30: Protestors march over the death of Freddy Gray on April 30, 2015 in Philadelphia, Pennsylvania. Freddie 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 Mark Makela/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer stands watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: Demonstrators snarl traffic as they try to block an entrance to the Holland Tunnel during a solidarity protest of the death of Freddie Gray on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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. (Photo by Michael Abbott/Getty Images)
NEW YORK, NY - APRIL 29: A man gestures to a police officer during a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: An NYPD Officer keeps watch at a Solidarity Baltimore rally in Times Square on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A man takes part in a Solidarity Baltimore rally on April 29, 2015 in New York City. Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
NEW YORK, NY - APRIL 29: A woman takes part in a Solidarity With City Of Baltimore rally at Union Square on April 29, 2015 in New York City. in Baltimore, Maryland remains on edge in the wake of the death of Freddie Gray, though the city has been largely peaceful following a day of rioting this past Monday. 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 Kena Betancur/Getty Images)
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Prosecutors also told Williams they will put into evidence redacted statements that the officers made to investigators. Both sides agreed to ask for an order sealing the statements from public view.

Officers Edward Nero, Garrett Miller, William Porter and Goodson, as well as Lt. Brian Rice and Sgt. Alicia White, face charges in Gray's death. They did not attend the hearing. All six are charged with second-degree assault, reckless endangerment and misconduct in office. Rice, Porter and White also face manslaughter charges, and Goodson faces an additional charge of second-degree murder.

After hearing arguments about whether the officers should be tried together or separately, Williams ruled that they would be tried separately. Defense attorneys had argued their clients' cases would be hurt if they were tried together.

Andrew Graham, Goodson's lawyer, argued that his client - who faces the most serious charge - would face a great risk of "spillover effect and transference of guilt."

Prosecutors wanted to try Goodson, Nero and White together. Prosecutor Jan Bledsoe argued that evidence to be introduced at trial was relevant to all three.

Separately, the judge was scheduled to hear Sept. 10 a defense motion for a change of venue.

Dozens of protesters made their way about six blocks to the Inner Harbor before the pretrial hearing began. Dozens of officers responded and cleared protesters from the streets to keep traffic moving at the end of the morning rush hour.

One person was arrested. Interim Baltimore Police Commissioner Kevin Davis told WBAL-AM that a protester "kicked a police officer in the face, and that's unacceptable."

Police spokesman T.J. Smith said charges are being filed against the man. He did not specify what the charges would be. The man was arrested for blocking the road and ignoring warnings to return to sidewalk, according to a police news release.

The man arrested was identified by witnesses as Kwame Rose, a well-known local activist.

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