Grand Jury should indict Darren Wilson because his claim of self-defense is contradicted by autopsy results and all eyewitnesses

Friday, August 22, 2014

Good afternoon:

The St. Louis County grand jury should indict Darren Wilson because the results of the independent autopsy and all of the eyewitnesses contradict his reported claim of self-defense and he has asserted his fifth amendment right to remain silent by refusing to fill out an incident report regarding the shooting.

Game within the Game

Darren Wilson has obviously been discussing his legal predicament with an attorney. As a result of that discussion, he decided not to fill out an incident report on the ground that his statement might tend to incriminate him.

That was a smart but risky move.

Smart because he has a fifth amendment right to remain silent and the members of the grand jury cannot assume that his silence is an admission of guilt.

Risky because he is the only witness who would testify that he shot Mike Brown in self-defense. All of the eyewitnesses have described a murder, not a justifiable homicide in self-defense. Therefore, if he does not testify, the grand jury will have little choice except to indict him for murder.

He could go for the brass ring by agreeing to testify before the grand jury, but he would lock himself into a story by doing so and could still be indicted for murder because his story is contradicted by all of the eyewitnesses.

Recall that the grand jury need only find that there is probable cause to believe that he was not in imminent danger of death or serious injury when he shot an unarmed Mike Brown multiple times, including twice in the head, killing him.

Yee olde bum-rush defense ain’t got no legs since none of the eyewitnesses saw Mike Brown rush the officer and his body was found right where he stopped and turned around to face the officer, 35 feet from the police vehicle.

Looks like he has decided to forgo testifying before the grand jury, in essence conceding that he will be indicted.

He’s in a very difficult situation, but I think he made the right choice.

Don’t forget that his lawyer could not be present, if he testified before the grand jury. There’s danger in them thar hills.

Meanwhile, he can derive comfort from the news today that people have contributed more than $225,000 for his defense at his beg-site.

Meanwhile, the racist right-wing-hate-machine marches on engaging in non-stop victim character assassination by lie and constant media repetition of the racist yee olde bum-rush defense in the court of public opinion until everybody forgets that Mike Brown was executed for jaywalking.

Welcome to Zimmerman II.

44 Responses to Grand Jury should indict Darren Wilson because his claim of self-defense is contradicted by autopsy results and all eyewitnesses

  1. Trisha0620 says:

    here is the transcript of the Store Owners Lawyers interview with CNN
    JAY KANZLER, ATTORNEY OF THE STORE ALLEGEDLY ROBBERY BY MICHAEL BROWN: Hello.

    WHITFIELD: Hi. Can you give us an idea how is that store clerk, how is he doing, and what’s his feeling about all that’s transpired since last Saturday?

    KANZLER: Well, I have not personally spoken to the store clerk in the video. Ever since the video was released, he has left and he not working there just trying to stay out of the commotion. The family itself has been upset by everything that’s gone on in Ferguson. But again, has been working very closely with the people there and they stand with the people of Ferguson for transparency and justice.

    WHITFIELD: OK. Are you then — and you said you haven’t spoken with the clerk, but can you, as attorney representing him, can you take us to Saturday, August 9th? Can you give us an idea of what your client who is seen in that surveillance video being pushed by a man police say is Michael Brown, what his version of events are? What happened before that confrontation seen in the pictures?

    KANZLER: Sure. I mean, first of all, my clients have never said that that is Michael Brown in the video. In fact, before that weekend they had never seen that individual, Michael Brown, or the individual on the tape in the store. What I can say is that what occurs on the tape, what you see on the tape, did occur in the store. Somebody did come in. Somebody did attempt to steal cigars. Just as that individual on the tape can be seen doing it, he reached around the counter and tried to grab additional cigars from the clerk. There were words exchanged with the female cashier and then the store clerk did try to go to the front door to lock the door and to talk to the individual in the video.

    WHITFIELD: We apologize for that. So sorry about that. All right, looks like we lost that interview as well. We are going to try to clean it up and fix it. Looks like he may be back. Mr. Kanzler?

    All right, so sorry about that. We have some kind of technical problem. That was strange.

    All right, so now this clerk did try to, you said, stop the person who was walking out by talking to him. We can see that your client, the store clerk, is half of the size of or much smaller than the man exiting. What exactly was said and why did your client, this clerk, feel comfortable enough to try to talk to or stop the person who was exiting?

    KANZLER: Well, first of all, you know, the folks that own the store are part of the community. They’ve been there a long time. And many of the people that they interact with on a daily basis are their friends. They know them on a first name basis. They are considered almost family.

    WHITFIELD: Was this a familiar face then, this young man?

    KANZLER: I’m sorry, Fredricka, I could not hear that.

    WHITFIELD: That the person in this tape that police say is Michael Brown, were the people in the store familiar with this person, this face? Have they seen this person before?

    KANZLER: No. They had not, Fredricka. But what I was saying is it’s not unusual for all of the people that come in to know the owners of the store and vice versa. And they do feel comfortable and the other side of it is that they are very protective of their livelihood. This is, they work very hard and so when there’s an incident, he felt comfortable trying to lock the door and say don’t take this, pay for this.

    WHITFIELD: So then minutes later there were gunshots just a few blocks away. Does your client say? Do the people in the store say they heard that and thought there was a relationship — ?

    KANZLER: No.

    WHITFIELD: No. They didn’t even hear the gunshots?

    KANZLER: No, they did not. In fact, they did not hear about the incident until much later. In fact, they had not called the police after the incident that is shown on the tape. Somebody inside the store, a mother with a daughter, was the one that called 911 and the police arrived because of that phone call.

    WHITFIELD: So then once they learned that there was a shooting and then an 18-year-old was dead and that police were making a correlation between the robbery that took place in that store and the death of that young person, what’s been their reaction, what do they think?

    KANZLER: I don’t think they made a connection. I think the two were distinct in their minds and I don’t know if they put two and two together. The next time they had any indication that there may be some connection is when St. Louis county contacted them with a search warrant and said they were taking the hard drive from the surveillance system and they indicated that it was in relationship with the Michael Brown investigation.

    WHITFIELD: OK. And meantime your client continues to not come forward and hasn’t been seen in public in a while. Is there an explanation behind that? Is it grief? Is it fear? What?

    KANZLER: Well, I think there’s a little bit of fear. And it was the incident now takes on larger significance. It’s not my client. It’s that particular clerk. The others that work in the store, the other members of the family, have been at the store each and every day greeting their customers, interacting with them, standing with them. Unfortunately, after the events of Friday night they had to shut the store down and they’ve been closed since Friday night and will remain closed through the weekend. But they do intend to open up as soon as it seems safe and again, reengage with the community of Ferguson.

    WHITFIELD: Jay Kanzler, thank you so much for your time. Appreciate it.

    KANZLER: Thank you very much. I appreciate being on.

  2. Michelleo says:

    I remember when somebody from the first Bush Administration proudly brayed that they were going to turn all of America into the South. I didn’t understand how that was going to happen, but now with the help of the NRA and the militarization of our police forces—–I now understand.

  3. volgaknight says:

    While I agree that a major cover-up is being constructed as we speak, but, I’m not nearly as glum as too many folks here seem to be. And, yes, the similarities between this case and the Zimmerman travesty are spooky, there, also, are a lot of differences. I don’t need to go through all of them, but, just a couple are:

    1. Dozens of witnesses, with pictures and videos.

    2. The evidence, forensics, autopsy reports, and chain of events are overwhelmingly bad news for Wilson.

    3. People learned a lot from the Zimmerman case, and, I doubt they’ll be making the same mistakes this time.

    Now, the really bad news, in my opinion, is this guy, St. Louis County Prosecuting Attorney Robert McCulloch. He’s the one to watch out for. He’s the mole, the Quisling, and, the reason he absolutely refused to recuse himself should be apparent to everyone; he’s the only thing standing between Darren Wilson and a long, long prison sentence.

    But, on the bright side, the Feds are involved, and, will be doing their own investigation. Attorney General, Eric Holder and the FBI, besides being on the right side here, are, for the most part, decent, honest, and, capable people, and, I believe, their presence on this case will act as a deterrent, and, as watchdogs over any shenanigans the other side might try to pull.

    Hey, justicing ain’t easy, but, who knows, sometimes the Good Guys actually win.

    • PhillyBoyRoy says:

      Wish I trusted Holder as much as you do.

    • I am not a fan of Eric Holder because of his reluctance to prosecute the torturers and the criminal banksters during the Bush administration. Also, I’m not seeing what I hoped to see in the federal Zimmerman investigation.

      Nevertheless, you’ve made some good points differentiating this case from the Zimmerman case.

      I will hope for the best.

      • PhillyBoyRoy says:

        What are you seeing regarding the Fogen case?

        Nothing?

        I haven’t seen anything from Feds.

        • Malisha says:

          We are disgraced in front of the whole world. Visual images of the “Tank Man” in Tienneman Square in China versus the prone body on th pavement of Michael Brown in Missouri — OMG, how can we not see how we are painting the picture. If there are still sentient humans around a thousand years from now (considering climate change and water resources, etc.), how they will scorn us as the Rome of the 20th and 21st centuries.Appalling.

          • Michelleo says:

            They do not care, Malisha. The type of sentiment you are expressing is so 1970s/80s. These politicians know exactly what they are doing and whom they are supporting. They no longer represent their constituents; but corporate money and power.

        • I haven’t either, so I am thinking they have decided not to charge him and are just waiting for an opportune time to make the announcement.

          BTW, I am thinking the same thing with respect to the U.S. Attorney’s investigation into the death of Kendrick Johnson.

          • PhillyBoyRoy says:

            Valdosta is probably more corrupt than Ferguson.

            I know for a fact that the place is filled with virulent, proud and vocal racists. I can only imagine what the police force is like, and what they would do to cover up a black child’s death.

      • YQ says:

        Very true. I noticed it a few days ago that the DOJ was pretty transparent. I think that there could be something more sinister going on beneath the surface. The system is broken in the city of Ferguson. The senseless murder of #MikeBrown is being covered up. IMO: If Wilson goes down, this might carve a path that will lead to further investigations and arrests. I got my fingers crossed.

  4. bettykath says:

    An indictment is likely only if the prosecutor presents witnesses to the incident and not the third had hearsay witnesses. It’s all up to the prosecutor to show real integrity. Even then he can pull an Angela Corey and present a poor case.

  5. bettykath says:

    Didn’t the Supreme Court rule that maintaining silence before the Miranda warning, i.e. before being arrested, can be interpreted as a sign of guilt?

  6. Two sides to a story says:

    Crowds smaller in Ferguson but they’re still going strong. Here’s one of few livestreams left:

    http://www.ustream.tv/occupy-it1?utm_campaign=t.co&utm_source=ustre.am%2FH3Ge&utm_medium=social&utm_content=20140822175815

  7. Bill Taylor says:

    it is amazing how well the demonization by the police using FALSE information works……..the store owner clearly says he wasnt robbed, the video shows an exchange of money and brown LEAVING behind most all of the cigars…..yet the mere release of the tape and it is now accepted fact they were running some crime ring with brown as the “muscle”……..there is almost no chance of a trial and even less chance of a conviction even though the science and every shred of evidence shows it was cold blooded murder.

  8. Yes, gz 2.0. Lord help us. The yahoo blogs are pro wilson. It is enough to blow your head off. CNN, CBS, ABC, and HLN, the ST Louis Dispatch, all filled to the brim with judgemental racists. The crap they say disgusts me. Especially those that know more about us then we do. I am staying here where it is safe to speak and talk about the case and share what know in peace. Thank you Professor. I will be donating soon, I am on a fixed income, but I got you.
    AKA, Japanese Girlsan.

  9. so jaded says:

    No way these cops r going to let one of their on go down for murder. Especially for a black man. The police hav
    Immunity, and they know it. They can literally do anything they want to civilians and hide under their shields.

    In Fairfax VA an off duty cop overheard 2 friends making a bet on a football game. A week later full SQUAT team burst into his home without knocking or identifying themselves. He and his family are home he reaches in his pocket for his phone and is shot dead. The officer said it was an accident. END OF STORY. By the way the man was an optometrist and lived in an upscale neighborhood.

  10. Brandy says:

    It has not been reported that a witness said that the cops put MB body into the back of a black SUV, not an ambulance ?? I read that statement on HP. I smell a cover up big time! DW did not appear have any significant injuries while he was standing there talking to the other cop in the video and also when he was pacing back and forth by MB body. Who leaves a human being laying on the asphalt for over 5 hours?? Answer… Police officers going into cover up mode.

    • Bill Taylor says:

      if it is true and i assume it is that the shooter drove away in his car that is tampering with the crime scene that car was part of it.

    • elizbowe says:

      I also heard that they put M. Brown into an SUV, it was explained that it was a coroner van. Here is a graphic video and it just says Ferguson Police on the side. He is on a stretcher and the part where he is put in the SUV is not shown.

      There was a man who died in my apartment house and the ambulance did come. The police told them to leave. The police said they do not transport the dead and then the police called the funeral home to come for him.

      It is hard to see a human, that was alive a little while ago be treated like medical waste.

      Here is the link, please be aware, graphic language and images.

      http://aattp.org/video-shows-ferguson-police-dumping-michael-browns-body-into-suv-nsfw/

  11. Brandy says:

    This case is MURDER, plain and simple. I am so disgusted and heartbroken for all involved! Here we go again 😦

  12. The release of that video seemed clear to me that law enforcement was going to do everything in its power to free Darren Wilson, so that by itself is a testament to how crooked they’ve been to that community.

    These people really take us for being stupid. The real racism is all these news outlets pretending that the police isn’t holding the incident report because they haven’t got their story straight. They need to come right out and tell them.

    • Malisha says:

      There was no incident report for the same reason that suspects who really know what they’re doing say NOTHING. Wilson knew that whatever he wrote might be contradicted by somebody’s cell phone video so he said NOTHING to wait to see what evidence turns up and then make up a story to cover it. One time I went with a lawyer to the offices of a DC law firm named Ross & Hardies. I was a legal secretary back then. The lawyer was investigating a fraud on behalf of some clients of his. They suspected someone in the firm had contributed to the fraud mastermind’s game and in fact they let him use their offices, and a lawyer who was a partner there was helping him, etc., and lending “credibility” to his scam. By the time we went to these offices, the fraud mastermind (Michael Clott) had been jailed and was awaiting trial on fraud charges for the second time in his life. (He was out on parole for the first sentence.) So the lawyers told us they wanted to “get to the bottom of this.” They asked for all the information we had. Then they said they had to go and find something in the file to help us “get to the bottom of this.” They had not brought ANY part of the file into th conference room with them.

      They reappeared with a six-page affidavit signed by Clott inside the jail; a lawyer had, they said, interviewed him about it and he had signed the affidavit. The affidavit said, predictably, that he had acted alone and that nobody at Ross & Hardies knew what he was doing and blah blah blah. I leafed through the six-page affidavit. Page 5 had a page number on the bottom that was a font different from a “5” that appeared in the text on another page. TOTAL GIVE-AWAY. They had alternate page 5’s all over the place to use; they chose which one to use based on their interview of us to find out how much we knew.

      When I pointed it out to the lawyer, he was astounded. He said, “I thought they were really being open and honest with us.” I said, “then why not show us the affidavit right up front?”

      Eventually they had to cave in and pay but of course they hired high-powered lawyers to defend them and the amount of the settlement was a big secret.

      Liars don’t want to reveal their “side” of a story until after they find out how much the other side already can prove.

  13. Brandy says:

    Hi Leroy E H, yes the shots were all on MB right side.

  14. Sorry if this question was asked before, but are the bullet wounds on Mike Brown on his right side because he was turning to the right with his hands up? Seems open and shut if that was the case.

    It’s amazing how much of a human being Darren Wilson is when the truth is he tried to hit Mike Brown with his car door. Then people wonder why the police are considered assholes. But here we go again with this bs.

  15. Brandy says:

    Wow, the last time I checked the defense fund yesterday for Darrin it was at $135,000! Look how much it has grown since then! I think his fund will be 3 to 4 times greater than GZ when it is all said and done! Only in America 😦

    • Trisha0620 says:

      Well the same racist are involved, they are coming from a site what they are doing is bringing in more traffic by posting a sample on media networking sites, Facebook and twitter so on and posting the screen shots and it will direct people to that site where they can give money, people are sharing it not knowing that is what they want them to do

  16. elizbowe says:

    I have been checking out Street View on Google Maps. When you call the map up and go to Satellite you click on Street View and can travel the road.

    Canfield Drive is a very narrow road. When the Google camera drove it looked like cars could not even park along. There are no cross-walks so people can go in the road and cross whenever they want. There are no cross roads so no corners where a non jay walker is required to cross. There are entrances to housing units all with no cross walks. To jay walk you

    I can not see how you can jay walk there because it is a “court” not an avenue or street, has no lights, no cross walks with this visual I don’t think we can even say he was jay walking. The video that shows the roses down the road is also a good visual source.

    .

  17. Bill Taylor says:

    cnn has another policeman BRAGGING about killing….saying you dont want to get killed then dont show up in front of me…….this guy is a clear psychopath……a sociopath would do some of what he claims to have done but would NOT brag about it…….

  18. Brandy says:

    Hi everyone! I agree Professor, Look up into the sky… its smoke, its mirrors, it’s a cover up…. It’s ZIMMERMAN!! the sequel, at a courthouse near you .( If you live in Missouri) 😦

  19. PhillyBoyRoy says:

    Fogen wasn’t even a cop and he got treated like one.

    Since he shot a black kid and all.

  20. owl says:

    well, yes, that’s why i stopped by; from the get-go it smelled like Zimmerman II, and i knew you’d naturally be on it.
    it would be welcome if the system held those in authority accountable for wrongdoing. punishment is usually suspension with pay. it seems policemen rarely, if ever, go to jail.

    • Yep, disgusting isn’t it?

      What happened to my country?

      • owl says:

        horrifying.
        i’ve been reflecting on the image of Darren Wilson pacing next to the body, and wondering if he was in stunned disbelief…or if he was guarding the fresh kill. the graphic image in my mind is powerful and upsetting.
        Mike Brown’s size is repeatedly mentioned…6’4″ and 300 pounds, as if it justified his being killed.
        gun violence…even in the hands of those sworn to serve and protect.
        more technical toys, more opportunities taken to use them, and so, more deaths.
        there is and there once was, a better way to enforce our laws, if, indeed, that is the goal.

      • a2nite says:

        Same as it ever was. Now, it’s on the TV, so many in the white sect cannot deny that the police do this.Oh, yeah right, many of them don’t care because someone else is the target.

        Now, it’s about the police being justified in killing us, because.

        • Michelleo says:

          Someone else is the target for now. Isn’t that how it always is? Next thing you know, there is nobody left to stand up for you, because you made sure to cut off all of the avenues for justice.

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