On Tuesday, Judge Barry Williams told jurors to keep deliberating in the trial of William Porter for the death of Freddie Gray after they sent him a note saying they were deadlocked, the Baltimore Sun reports. Porter is charged with manslaughter, second-degree assault, reckless endangerment, and misconduct in office.

The jury, which began deliberating on Monday, did not specify whether they were split on all the charges or only some of them. From the Sun:

Williams read from a portion of the jury instructions that had been read at the outset of the deliberations, in which he said the jury must reach a unanimous decision. Without any further comment, Williams told the jury to continue deliberating.

When a jury tells a judge that they can’t reach a verdict, he or she must instruct them to keep deliberating at least once, according to legal experts.

The initial instruction a judge gives to a deadlocked jury is required before a judge can declare a mistrial, said Kurt Nachtman, a former prosecutor who now works in criminal defense in Baltimore.

A jury can find a defendant guilty or not guilty on some charges but not others—the verdict will stand even if a mistrial is declared on the charges over which the jury is deadlocked.

Also on Tuesday, Porter’s lawyers filed a motion—quickly dismissed—asking for a change of venue after Baltimore City Schools CEO Gregory Thornton sent a letter to parents on Monday assuring them that the school district is “taking every precaution” to prevent riots like the ones that rocked the city after Gray’s death in April.

In the letter, according to the Sun, Thornton also warned students that “walkouts, vandalism, civil disorder, and any form of violence are not acceptable.”


Photo via AP Images. Contact the author of this post: brendan.oconnor@gawker.com.