Bar Complaint Filed Against Prosecuting Attorney McCulloch and Two Assistant Prosecutors

Wednesday, January 7, 2015

Good afternoon:

A bar complaint has been filed against St.Louis County Prosecuting Attorney Robert McCulloch and two assistant prosecuting attorneys, Kathi Alizadeh and Sheila Whirley. The complaint was filed by James R. Dowd (an attorney and former judge), Robert Ramsey (an attorney), Christi Griffin (a former attorney who is the founder and president of the Ethics Project), and seven citizens of the State of Missouri. They allege that the three prosecutors committed multiple violations of the Rules of Professional Conduct during the grand jury investigation of the Michael Brown shooting.

You can read the 11-page complaint here.

Some of the allegations are:

– Presenting witnesses to the grand jury – including Darren Wilson – who McCulloch, Alizadeh and Whirley knew or should have known would make false statements.

– Presenting the grand jury with a legal instruction ruled unconstitutional for decades.

– Mislabeling and misplacing evidence related to key witness Dorian Johnson.

– Failing to provide specific charges to the jury after “dumping” thousands of pages of interviews and evidence on them.

CBS reports,

Christi Griffin has said initial reports from the Ferguson police chief that Darren Wilson did not know Michael Brown was suspected in an earlier convenience store robbery were changed in testimony before the grand jury, and she believes that represents perjury.

“He is the one that is allowing that perjured testimony to be presented to the grand jury, and that is a direct violation of the Code of Professional Ethics,” she said.

McCulloch also admitted that he knew Witness 40 had lied to the grand jury, but she testified anyway and the prosecutors did not inform the members of the grand jury that they knew she lied. She was an important witness because she was the only witness who backed Darren Wilson’s version of the shooting, specifically the ‘bull rush’ description of Brown charging at Wilson. Turns out she was not there and did not witness the shooting.

The bar complaint follows on the heels of a complaint filed in the St.Louis County Circuit Court by the ACLU on behalf of a member of the grand jury, which did not indict Wilson, seeking relief from the lifetime statutory prohibition that bars grand jury members from talking about their service. The grand juror wants to disclose how messed up the process was regarding the Michael Brown shooting compared to other cases that were presented to the grand jury. The ACLU is framing this argument as the grand juror’s right to free speech and the public’s right to know what its elected officials are doing. Go here to read an article in Think Progress about the lawsuit.

I would also argue, if I were them, that McCulloch opened the door by publicizing the proceedings and commenting falsely about them.

The NAACP Legal Defense Fund added to McCulloch’s difficulties by writing an open letter to the chief judge of the St.Louis County Circuit Court accusing McCulloch and his 2 assistants of improper conduct and asking her to appoint a special prosecutor and convene a new grand jury to investigate the Michael Brown shooting.

I suspect McCulloch is wishing that he’d kept his mouth shut. Time to lawyer up.

(Special thanks to Nef05 for keeping us posted on these encouraging developments)

41 Responses to Bar Complaint Filed Against Prosecuting Attorney McCulloch and Two Assistant Prosecutors

  1. MDX says:

    I know someday Chucky your luck will soon run out

    So stop from running up your mouth

    Cause I know the water is rough and prison is very tough friend

    And that’s where you’ll surely reach someday

    • Disappointed says:

      I just posted something about this on the other thread. IMO it’s going to turn out like all the other charges, nothing to see here. He will keep his gun and keep threatening people.

  2. MDX says:

    Shaun King also posted these two video which frankly have me speechless:

    http://www.dailykos.com/story/2015/01/09/1356607/-Montana-officer-Grant-Morrison-shoots-and-kills-his-second-unarmed-man-No-charges-in-either-case

    Is there a major malfunction in police training and hiring?

    In the first video, arguably, Rameirez, was potentially dangerous. So what does the genius cop do?

    Instead of waiting on back up and keeping the car under observation from a position with a clear field of fire and cover, he rushes up an opens the door, panics and shoots the guy,

    The second video is worse.

    • racerrodig says:

      This cop is unbelievable !!! His mouth alone in this town gets him fired, his threatening to shoot gets him fired, his shooting people like he does gets him in prison.

      • Two sides to a story says:

        Where do they find these people? I was married to a narcissist years ago who tried to be a cop. He’d had a legal history with some domestic disturbances and though they processed his application and even interviewed him, they didn’t hire him. Seems like this kinda guy and worse seem to be hired on a regular basis now, not that cops have been any picnic in the past. I recall working in HS at a pizza joint popular with local cops. The bragging and racism I heard in conversations between them didn’t impress me one bit and I’ve been leery of cops ever since, magnified by some challenging personal experiences with them in the past decade.

        • MDX says:

          Cops like to make up a bunch of BS about black people they encounter in order to “impress” girls. And I say girls because, with few exceptions, most cops I knew could not handle a real women.

          This country I truly a mess. Hate, bullying and fear.

          There are really only three things in life:

          good food

          good music

          good loving

    • dianetrotter says:

      It seems like the officers are trying to get the details before calling in. Shouldn’t it be policy to radio in as soon as something looks suspicious. What harm does it to for the officer to just follow until help is there? Aren’t they suppose to order people to get out of the car with their hands up? It may take a little longer to follow to destination but there would be more chance of keeping someone alive for trial.

  3. a2nite says:

    FYI:

    Shaun King has done excel levy repotting on police misconduct.

    He’s his list of posts on DK: http://www.dailykos.com/blog/Shaun%20King

    Happy New year all!

  4. so jaded says:

    Has anyone heard about the tragedy Iowa? Cop escorts woman back to home to pack up (domestic disturbance). Her dogs comes out police officer got scared, and naturally pulls out come to neutralize threat, but instead of shooting dog shoots and kills the woman. Only in AMERICA!

    • Two sides to a story says:

      Dreadful. Seems like this stuff is happening daily now. And the dog was probably a nice family job just doing it’s job, checking out the stranger.

  5. MDX says:

    Police officers with skills like Loehman put to lie the claim, usually made by the police union, that “affirmative action” black or women police officers are stealing jobs from better qualified white males.

    IMO, their criminal acts aside, Kilson, Pantsoffeleo, and LowIQman demonstrate incompetence on a massive level.

    For example, Wilson, if we are to believe his BS, closed range with two “dangerous” thugs, thus violating a basic rule of engagement – do not close with the enemy till ample back up with covering fire has arrived.

    Or he is just an undisciplined hot-head with a quick trigger – the truth.

    In either case, he is less than qualified.

    I mean, before the racists rehabilitated Custer, the Army considered him a boob who wasted lives of his soldiers.

    There is a reason the paratroopers yell “Geronimo” not “Custer”.

    And Custer’s great triumph before his demise was a massacre of women, old men and children that his minions trumpeted as an example of valor against the “savage” red man.

    Kind of like how the right trumpets Wilson valiantly taking down Brown.

    • Nef05 says:

      They have to blame someone. It’s not as if they would even remotely consider the possibility of accepting responsibility.

    • racerrodig says:

      Your Custer analogy is right on. History usually has things all wrong. Even in this high tech, lightning fast media age such things as the spilled McDonalds coffee suit was wrong.

      Stella Liebeck, was NOT driving as reported, needed reconstructive surgery, not a mild burn, lost a lot of work time, was not just looking for a quick buck, only wanted her medical expenses paid, and on and on.

      On the other hand McD’s had been warned and fined by many states as to an unsafe product (coffee 20 + degrees to hot) and had been sued and settled out of court many times.

      If you’ve been warned (bad police applicant) then you (the city of Cleveland) get what they deserve.

      A 12 year old playing in the park…….a dispatcher who fails to tell very pertinent facts, a total nut job trigger happy cop.

      • MDX says:

        And a white man will “discover” black talent and be given credit for making the talent a “star” or will just usurp the material and claim the white version is “more polished”.

        For example, Chris Blackwell jump re-energized Clapton’s career by recording “I shot the Sheriff” – a Bob Marley song that has a much better original made in Jamaica.

        He is also given credit for “making” Marley a star.

        No, he took previous material and had Marley do it to his crappy standards that he thought were more palatable to whites.

        The house musicians at either Studio One or Beverley’s could create better work in a few hours than he could in four months.

        Beverley’s All Stars backing the Wailers with the great great Leslie Kong at the controls:

        Years of music research has me understanding why Peter Tosh called Blackwell – Whiteworse 🙂

        • Two sides to a story says:

          True this, the usurpation of talent and culture by whites. I must admit though, that I love both versions of the song but it wasn’t until I visited Jamaica in the 80s that the cultural things in the song really hit me.

          • MDX says:

            I have been there four time. One time, I was with my wife and kids up in the hills and the sound of choir practice emanating from a wee church was serenading us. I love their vocal talent.

            IMO, the immense talent that was/is on call in Jamaican studios needs more recognition. The house band for Studio One – the Skatalites – is legendary.

            A starting point is Clue J and his Blues Blasters.

            A sample:

  6. MDX says:

    I am pretty pissed off, right now, after reading this:

    http://www.dailykos.com/story/2015/01/08/1356312/-I-hereby-charge-Timothy-Loehmann-the-Cleveland-PD-with-the-murder-of-12-year-old-Tamir-Rice

    Same pattern over and over and over.

    Cop or cop wannabe kills out of intent, anger or stupidity and uses the standard template of lies.

    Beyond a reasonable doubt?

    When compared to actual video or solid forensic evidence it is beyond a reasonable doubt that:

    this dufus lied

    Zimmerman lied

    Wilson lied

    I like to see them with their pants off Panteleo lied

    • racerrodig says:

      Let me predict the future……..

      Loehman’s girlfriend is the culprit. Lets blame not only the victim…………but the killers girlfriend !!!!!!!

      The best part is all the lies the cop shop spews THEN finds out there’s “Film @ 11:00” as we say.

      Un-freaking-be-lievable.

      When Tamir sees the cop car and looks, he’s probably thinking “Oh…..look……I wonder who those cops are after?”

  7. MDX says:

    The “shitstem” has been getting away with depriving black people of their rights for four centuries by following a simple formula:

    The white racist who commits an act tells a lie.

    The whites who are “concerned” about the law equally justice tell everybody that “the lie” must be assumed true.

    The prosecutor impugns the integrity of the black victim and those supporting using argumenum ad hominem.

    The whites who are “concerned” about the law assure us that argumenum ad hominem is how our great system works with such logical remarks that, at least, we are not like Russia, ignoring the fact that, for blacks, the USA has never been as “good” as Russia.

    And another young person is buried long before their time without getting justice.

    And the whites “concerned about “the law” assure blacks that following the system is right and any anger or violence is wrong.

    And the “law and order” chicken shit white Democrats give their stamp of approval to that lecture down to “the blacks”.

    • racerrodig says:

      Exactly, and I’m sick of the same old rhetoric that the victim…..

      A) assaulted a

      1) white person just walking by
      2) a cop doing his job
      3) white person just walking by
      4) a cop arresting him for a “crime”
      5) white person just walking by
      6) A “Fogen”

      B) Then the victim

      1) bull rushed
      2) reached for his waistband
      3) ran away THEN turned and bull rushed
      4) pounded somebodies head on the sidewalk
      5) reached for his waistband
      6) stated “….you’re gonna die now…….homie!”

      C) When in fact the true victim

      1) was just walking by
      2) was in an SUV, minding his own business
      3) not involved in any criminal activity
      4) on their way back from a store
      5) walking alone in the rain
      6) actually standing with their hands raised in
      surrender despite not committing any crime

      D) Some victims endure

      1) being choked, then dying
      2) being pummeled, then dying
      3) being pummeled while handcuffed, then dying
      4) being pummeled while handcuffed and having the
      pummel-er scream “stop resisting” then dying
      5) being shot, then dying
      6) being pummeled, choked, handcuffed, pummeled
      some more arrested, thrown in a cell, pummeled
      some more, then dying

      E) The race baiting hate mongers mantra is always

      1) that’s what he gets for assaulting a (xxxxxxxxxx)
      2) he’ll think twice next time before doing (xxxxxx) *
      3) he was a career criminal so, go figure
      4) he met someone badder, look at him now
      5) he’s black and like with that Super Human
      Strength and all, had to be stopped
      6) you can’t believe the witnesses, they all lie, but the
      (insert killer here) has to be telling the truth, after
      all, he has no reason to lie.

      F) In the case of a trial resulting in a conviction, the race bating
      hate mongers will say

      1) just wait ’til one of those jurors gets attacked and
      needs a cop
      2) they got it wrong, stupid jury
      3) what would you expect, the witnesses all lied
      4) his lawyer is a Democrat
      5) they ignored the “fact” that he attacked first
      6) they played the race card

      G) In the case of a trial resulting in an acquittal, the race baiting
      hate mongers will say

      1) just wait ’til one of those jurors gets attacked and
      needs a cop
      2) finally, a smart jury
      3) at least these witnesses didn’t lie
      4) he had a great lawyer with integrity
      5) he wasn’t unarmed…..he could use a stone, or the
      sidewalk (insert additional ridiculous bs here)
      6) thank God he had a gun

      H) When a killer is charged, here are things guaranteed to be
      heard from from race baiting hate mongers

      1) he’s being overcharged
      2) the guy deserved what he got, what’s the big deal
      3) I’d have done the same thing
      4) wait for all the facts to come out
      5) the prosecutor is letting to much information out,
      it’s hurting his defense
      6) if my guy hadn’t been attacked 1st….blah, blah,
      boring blah

      Note * denotes the utter stupidity of race baiting hate mongers as the victim won’t even think again, being murdered.

      Hmmmmmmmm ?? I see a pattern here and on another note, I’ll bet Fogen might be feeling a little wet in the back side of his shorts what with McCheater being under the gun now.

      • Nef05 says:

        That is so true all the way down the line. It would be awesome if it wasn’t so sad.

      • Two sides to a story says:

        Great post. Fogen and his bro blocked me on Twitter during the big #blacklivesmatter flurry. Guess they didn’t like my mentioning big boy in relationship to cops who kill.

    • Malisha says:

      Exactly precisely right on.

  8. dianetrotter says:

    I wondered why I was not getting anything from this Blog. Then voila! I clicked on a social tab. I was wondering how McCullough was allowed to get away with this.

  9. racerrodig says:

    They know the whole world is watching and I’m betting since Wilson quit, legal action is moving forward, and McCheatem can’t continue with this farce anymore, not to mention he personally said he knew one witness wasn’t even there, but allowed her to testify anyway, he’s done and I’ll bet Wilson does get indicted. For all we know a secret GJ may be hearing evidence as we speak.

  10. Also, a member of the grand jury has filed a lawsuit against Bob McCulloch for the right to speak out without penalty. “Grand Juror Doe” is using McCulloch’s own “transparency” ruse against him and it looks like it just might work. McCulloch is not getting a minute of rest, thank God.

    http://www.stltoday.com/news/local/crime-and-courts/michael-brown-case-grand-juror-sues-st-louis-county-prosecutor/article_e88d07f3-5e9d-57d9-a7a1-cdcd85de9633.html

  11. racerrodig says:

    As we say in the real world….Daaaahhhhhhhhmmmmm !!!

    If I recall correctly Professor, didn’t you call a shot like this should happen and was possible……..if someone had the balls (pardon my French)

    I’m betting if a new investigation happens, more than one head will roll.

    Again, those of us with a firm grasp of reality know from what we’ve seen on video, interviews and the like that a murder charge is warranted. I’m betting Wilson is indicted and McCulloch and the Chief have some legal hurdles to overcome and just like Sanford…..there will be an “ex-chief” and a new chief.

    • Yep, and your French is impeccable. I’ll bet McCulloch is wishing he kept his mouth shut. Heh!

      • Two sides to a story says:

        Great stuff, but how effective will any of this be in a corrupt legal system?

        • Two sides to a story says:

          Not to mention that murdering cops who are indicted tend to walk anyway.

          • Well, yes you have a point, but we can’t allow that reality to depress us into surrendering and doing nothing.

            We have to change that reality. We already have made a difference because cornering a powerful white pro police prosecutor seemed impossible only five months ago on August 8th. Michael Brown was murdered in the street at noon the next day and we are now living in a different world.

            100 years from now we want people to look back at August 9, 2014 and recognize it as the day the world changed.

          • Two sides to a story says:

            Yes, it’s truly an important case in US civil rights history, and one reason I’ve followed it. This could be the year that changes a lot of things. The walls are crumbling a bit.

      • racerrodig says:

        This will get interesting that’s for sure. I think the stars are aligning for justice now.

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