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They obviously hoped to convict porter then give him immunity and use him as a witness against the others. that plan now is in tatters. just as a general message i think, you know, there's a tendency to think a hung jury is a tie. it's not a tie. it's a loss for the government. and close to a win for the defense. >> it's not an acquittal, jeffrey, is it? >> it's not an acquittal yet. but these cases tend not to get better with age. this obviously a very important fact we all need to learn, which we may or may not learn, is what was the split in the jury. it's a very different scenario if it wa...

Officer porter knew freddie gray was injured and didn't do anything about it. some of the good facts for officer porter is that he did report what freddie gray told him about his injuries, both to the driver and another officer who arrived on the scene. so if i'm representing officer porter, i'm going to remind the jury that he didn't keep quiet. he did tell somebody. >> so that relays responsibility to someone else? >> exactly. that's why the prosecution wanted to try this officer first. they want to use him as a witness against the other officers in these trials that are going to come forwar...