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Dying declaration for help. you just can't escape that really bad fact. it's far from over. people have to understand is this is a real chess game. there's a reason officer william porter trial went first. there's a reason the trial will be the van driver whose has more serious charges. there is a strategy and plan. >> coming up, who is in a stronger position today than they were headed into last night's debate? the fight before christmas. who was the winner. our roundtable will tell us. that's coming up next. you're watching hardball, the place for politics. at&t knows the best kind of holida...

In a similar neighborhood. he volunteered in the community and wanted to make the community better. i think the jury liked him. and i think that goes a long way in a case that is not very clear like this. and remember it's a case of an officer not doing something. and what is really interesting in watching the trial was when they went through the evidence, you know, the medical people went back and forth but when officer porter testified he explained i had been on the job two years and told the van driver who goes to trial after the new year, goodison had been on the job for 17 years. he said ...

Seemed that part of the defense of officer porter was that it was the driver's fault. it wasn't my fault. i total them what to do. i told them. they didn't do it. so it seemed that part of his defense was to blame the driver. and the driver is up next. so it's going to be interesting because i would guess that the prosecution is going to bring officer porter as a star witness against officer goodson. >> so one of the questions, do they continue on with officer porter and go to goodson, who is is the driver that you just mentioned who drove the van where fred day gray sustained those injuries. ...

Went to the hospital any earlier. >> right. >> so, you know, as a police officer, you're not -- you're not a doctor. you need -- you've got a little leeway there to be able to make a decision on whether or not somebody wants to go to the hospital or not. >> was it a mistake, sunny, to try porter first? or did they think this was the easiest one? >> my understanding is that they tried porter first, because they needed him to get to goodson, who is, i think, in their view, the most culpable, the van driver, and they needed porter's testimony to try to convict sergeant white. and so, they had to ...

Over any other citizens and over any other group. it's not a flawed concept to say that you can be punished for failing to do something especially if you, as a police officer, your entire job hinges on you being pre-active, not just reactive. william porter was the last person to hear freddie gray's dying declaration for help. you just can't escape that really bad fact. it's far from over. people have to understand is this is a real chess game. there's a reason officer william porter trial went first. there's a reason the trial will be the van driver whose has more serious charges. there is a ...