Methinks Robert McCulloch doth protest too much

November 25, 2014

Tuesday, November 25, 2014

Good morning:

Prosecutor Robert McCulloch’s angry, defensive and crazy rant last night criticizing the media and the internet for allegedly whipping up public support for charging Darren Wilson with a crime for killing an unarmed Michael Brown raising his hands in the universal sign of surrender proved beyond doubt that he is unfit to hold the office of Prosecuting Attorney for St.Louis County.

He believed all along that Wilson was justified in killing Michael Brown and should not have been charged. His obvious bias in favor of Wilson, when considered together with the unlawful release of information that was presented in secret to the grand jury, reveals that Wilson did not need a lawyer because McCulloch was his staunchest defender.

Little wonder that Wilson, the cop who refused to fill out an offense report about the shooting, decided to waive his right to remain silent and testify before the grand jury.

The outcome was rigged from Day One and has no legitimacy.

Look at these photographs of the diminutive Wilson, who is 6’4″ and 210 pounds.

Notice in particular the incredibly nasty suborbital eye socket fracture.

The secret reverse star-chamber proceeding seasoned with selective leaks cooked up by McCulloch should be universally condemned.


Grand Jury decision in Michael Brown shooting will be illegitimate

November 13, 2014

Thursday, November 13, 2013

Good morning:

St.Louis County prosecuting attorney Bob McCulloch, aided and abetted by a compliant news media, is intentionally violating the public’s First Amendment right to know whether Officer Darren Wilson killed Michael Brown in self-defense or murdered him.

Since August 9th when Michael Brown died in the street and six eyewitnesses said he had his hands up when he was shot, there has been probable cause to believe the officer murdered him.

In essence, he is defending the officer and concealing what he is doing by trying Michael Brown in a secret grand jury proceeding where he controls what they get to consider while his minions selectively leak evidence that is spun in a manner favorable to the officer.

For example, Mother Jones reports today,

The autopsy, which was leaked to the St. Louis Post-Dispatch, revealed Brown had been shot in the hand at close range with Wilson, putting into question whether Brown had had his hands up in the air, as some witnesses claimed.

(emphasis added)

The italicized portion of the statement is false. Dorian Johnson, who was with Brown, stated that Brown received a gunshot wound to his hand fired at close range inside the vehicle while the officer was seated holding Brown with one hand and a gun with other. Johnson’s statement is consistent with the gunshot residue found on Brown’s hand and the bullet wound described in the autopsy report.

The wound to Brown’s hand and the presence of the gunshot residue does not make it more or less likely that Brown’s hands were up when the officer shot and killed him after getting out of his vehicle and chasing Brown down the street recklessly squeezing off shots in a crowded residential neighborhood. To suggest otherwise is at best grossly irresponsible.

Let’s return to basics.

The purpose of the grand jury is not to try this case. The purpose is to decide in secret whether there is probable cause to believe that Wilson murdered Brown. If so, the grand jury should indict him for murder. If indicted, the Sixth Amendment would come into play.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(emphasis supplied)

Last week the Arizona Court of Appeals reminded Maricopa County Superior Court Judge Sherry Stephens about the importance of public trials in the Jodi Arias case, such that despite the defense request to exclude the media and the public from the courtroom, the public has an overriding First Amendment right to know what is going on in her resentencing hearing. That is, the public and the media cannot be excluded.

The public’s right to know what is happening at any given time and what the government is doing is protected by the Freedom of the Press Clause in the First Amendment.

Secret trials are prohibited by the First and Sixth Amendments. Yet, that is exactly what is happening in St.Louis and the news media is aiding and abetting that secret proceeding.

Since the prosecutor determines what evidence to present to the grand jury, the grand jury proceedings are secret, no judge is present, and the rules of evidence do not apply, we do not know what evidence has been presented or the quality of that evidence.

Only a fool would believe the grand jury is getting an objective look at the evidence, given the selective leaks by ‘unnamed officials’ that only favor the officer.

The prosecuting attorney, who has taken an oath to uphold and enforce the law, has violated the public’s right, which is our right to know what is going on.

There is no way that a secret grand jury proceeding can ever substitute for a public trial, ever.

The grand jury’s decision will be illegitimate and not entitled to any deference or respect.


St.Louis Prosecuting Attorney Bob McCulloch is subverting justice in Michael Brown case

October 4, 2014

Saturday, October 4, 2014

Good morning:

I write today to clarify the role of the prosecutor and grand jury in the Michael Brown murder investigation.

State grand juries have jurisdiction to investigate and charge people with state crimes committed within the county in which they are located. State or county prosecutors submit cases to them for consideration. Grand juries can also initiate their own investigations by subpoenaing witnesses, but they rarely do that.

Federal grand juries work the same way, but they deal with with federal crimes committed within the federal district in which they are located.

Jurisdiction to charge and prosecute drug offenses overlaps because both state and federal statutes have criminalized drug crimes. To avoid doubling up, the feds handle the more serious drug cases and the states handle the less serious ones. By seriousness, I am referring to the amount of drugs involved.

Jurisdiction rarely overlaps in murder cases because jurisdiction in murder cases depends on where the crime was committed. For example, the State of Missouri has jurisdiction to prosecute Darren Wilson for killing Michael Brown, but the feds do not since the shooting did not happen on federal property, such as a military base. But they would have jurisdiction to indict him for committing a hate crime or violating Michael Brown’s civil rights, since they have jurisdiction to charge those crimes wherever they are committed.

Federal prosecutors in the Central District of Florida, which is where George Zimmerman shot and killed an unarmed Trayvon Martin, apparently have decided not to seek an indictment charging Zimmerman with a hate crime or a civil rights violation.

A St.Louis County grand jury has jurisdiction to indict Darren Wilson because the shooting happened within that county.

There is no statute of limitations in murder cases. Therefore, if the grand jury’s term expires before it decides whether to indict Darren Wilson, a new grand jury can be convened to continue the investigation.

As I see it, St. Louis County Prosecutor Bob McCulloch does not want to prosecute Darren Wilson for murdering Michael Brown, so he is deliberately dragging his feet to prevent the grand jury from indicting him.

I have reached that conclusion because I can think of no valid reason why Wilson has not been indicted. Approximately ten witnesses who do not know Brown, Wilson or each other have all described Wilson shooting Brown after Brown stopped running away, turned and raised his hands. No one described Brown bull-rushing Wilson, although one witness described Brown stumbling toward Wilson after being shot and dropping to the ground.

His body was 95 feet away from Wilson’s vehicle.

A grand jury need only find probable cause (i.e., reasonable grounds) to believe Wilson murdered Brown in order to indict Wilson.

Wilson should have been indicted weeks ago because there is far more evidence against him than is necessary to establish probable cause.

Our legal system is designed to have trials in cases like this so that the community can witness the legal process proceed toward a just result as we just witnessed in the Theodore Wafer and Michael Dunn cases.

Bob McCulloch is attempting to subvert that process and by doing so he is subverting justice.

The good people of Ferguson know what he is doing and they are expressing their dismay peacefully by public protest.

That could change, if he continues to subvert justice.

For more information on the role of grand juries, click on “grand jury” in the index of categories that appears in column on the right side of the web page.

If you like what we do, please consider making a donation.


%d bloggers like this: