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Jurors have completed their first day of deliberations in the trial of Baltimore police officer William Porter, the first officer to face a jury decision in the death of Freddie Gray.

Judge Andrew Napolitano said on "The Kelly File" said that the state has the heavy burden of proving all elements of the crime beyond a reasonable doubt, so if the evidence is equal on both sides, that should result in a not guilty verdict.

He explained that the jury is deliberating and zeroing on the core of the case: Did Gray die by accident? Or did he die by gross indifference on the part of Porter and five other officers?

Judge Napolitano said that he believes that the defense made two mistakes in the trial.

First, he said, was that they put Porter on the witness stand, and the prosecutor did an excellent job at cross-examining him about what he knew and what he didn't know.

Second, he said, was that they promised in their opening statement to the jury that they would hear from the other person in the police van, who would confirm that Gray was fine the whole time.

"Guess what? They didn't put that guy on the stand," Judge Napolitano said.

He concluded, however, that it appears to him that the evidence is equal in balance on both sides, indicating "not guilty."

Watch more above.


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