(AP Photo/Luis M. Alvarez)

Ward 6 ANC Commissioner Keith Silver was set to face trial today in D.C. Superior Court after having been arrested on April 18 during a D.C. voting rights protest. But after a fight over whether Mayor Vince Gray should appear as a defense witness, Silver’s trial was postponed until the fall.

As part of his defense against a misdemeanor charge of disorderly conduct, Silver’s lawyers planned on calling seven witnesses, including Gray, who attended the protest on Capitol Hill. But just as court proceedings were set to begin, the Office of the District’s Attorney General filed a motion to quash the subpoena that was delivered to Gray late last week, arguing that no “exceptional circumstances” were shown to justify inconveniencing the city’s highest elected official in such a case.

A spirited discussion ensued, with city attorney Martha Mullen calling the subpoena a “publicity stunt on behalf of the defendant,” while Silver’s attorney Johnny Barnes referred to Gray as an “essential witness.” While Judge Frederick Sullivan seemed sympathetic to Barnes’ argument — “we all have to answer subpoenas,” he said, noting that Silver could face 90 days in jail and deserved to call all the witnesses he wanted — he opted to postpone the trial until he could decide whether or not Gray could be called to testify in Silver’s defense.

Though the matter involves Gray — who himself was arrested alongside 40 other District residents and officials on April 11 — the city’s argument is broader in scope. According to sources DCist spoke to after the hearing concluded, the Attorney General’s concern is that if Gray is forced to testify at Silver’s trial, he and other officials could be served with countless number of subpoenas to appear at future trials that don’t really involve them. The argument’s Achilles Heel is that Gray was at the very protest where Silver was arrested, so calling him as an eyewitness would be fair game. Then again, there are other eyewitnesses that could well be called to provide the same insights Gray could provide.

Judge Sullivan asked that Barnes provide an opposition motion by late July; the city will then have a chance to respond thereafter. A hearing on whether Gray will have to appear or not is scheduled for September 13, and Silver’s trial will follow at a later date. Eight other D.C. voting rights protestors are set to face trial on September 19.

Barnes, who promised to “zealously represent” Silver at trial, seemed put off by the postponement.

“We’re disappointed we didn’t go to trial. It’s a tremendous waste of time,” Barnes said.