- There will be some “letter of the rule” jurors versus “spirit of the rule” jurors. Some will think that Freddie Gray should have been buckled into a seatbelt per Baltimore Police Order and that right there is enough inaction to find wrongdoing. Others will say it wasn’t practical and virtually no suspects were buckled in, and Porter was just rightfully doing his job when confronting Freddie Gray.
- Some extra-legal factors help the defense. The last year we have been inundated with stories, images and protests surrounding excessive force from the police. Beatings, shootings, etc. In comparison, some may have a tough time, even subconsciously, convicting Officer Porter solely on inaction. Also, this was declared a homicide, so jurors will want to blame someone. Whatever extent they’re aware of the other 5 Officers being charged could help Porter in this case. A not guilty verdict would feel better knowing someone down the road could be held accountable.
- What helps the Prosecution is the concise timeline and relatively straightforward theory of the case. When someone is charged with many counts it may seem like overkill and a grasp at straws. Here, 4 charges and the simple case story takes out complexity that jurors often get hung up on. Also, a compromise verdict could happen where those favoring the State agree with pro-Porter jurors to convict on say reckless endangerment. Involuntary manslaughter is challenging especially since Porter and character witnesses showed he went into the Police force to help serve his community.
- While both sides argued about when the injury occurred (at which stop), it might not matter to jurors in the end. If they do not like what Porter did not do and how he handled himself they will find a way to convict. Likewise, if they see he was in a tough situation and did what he thought was right they won’t convict. All regardless of when Freddie Gray was injured.
- Finally, this jury is diverse and observers should feel good about its broad representation of the community. More diverse juries like this one tend to be more thorough, find inconsistencies better and have a greater grasp of the evidence than less diverse juries. This jury is under the microscope but it won’t influence their task in deliberations. If someone in deliberations says “but think of the streets of Baltimore if we let him go” other jurors will say that is not something they should be considering.