The Grand Jury did not exonerate Officer Darren Wilson

December 2, 2014

Tuesday, December 2, 2014

Good afternoon:

Jeff Roorda, the spokesperson for the St.Louis Police Officers’s Association lied when he said the grand jury exonerated Officer Darren Wilson. As a former law enforcement officer, he knows that is not true.

The grand jury merely decided that the prosecution failed to convince nine of the twelve members that there was probable cause to believe Wilson murdered Michael Brown. That decision is not an adjudication of the merits of the case and is not binding on anyone. A new grand jury could be summoned tomorrow to reinvestigate the case and it could decide to indict Wilson. He would have no legal basis to attack the validity of the indictment by arguing that a previous grand jury did not return an indictment.

All judges, prosecutors, police and defense counsel know this to be true. Roorda does too and this is not the first time he lied.

He was fired for lying in a police report and failed upward to his present position. That is a sign of systemic corruption.

For the following reasons, the grand jury’s decision was illegitimate and should be dismissed.

The fix was in from the very beginning.

Wilson never filled out an offense report and was never asked to fill one out.

They allowed him to drive unaccompanied to the station house and clean-up in the wash room with no witness present. They let him place his gun into evidence and made arrangements to let him meet with his lawyer in an interview room before asking him any questions.

That. Never. Happens.

The extreme pro-police bias of the prosecution that is evident throughout the grand jury witness transcripts, including an unconstitutional legal definition of self-defense submitted by the prosecution regarding when a police officer may use deadly force, so corrupted the grand jury process as to render its decision a nullity. This conclusion cannot be legitimately questioned given that Wilson voluntarily testified for four hours without challenge by the prosecution.

That. Never. Happens.

Consider the following grand jury basics:

1) The terms ‘guilty,’ ‘not guilty’ and ‘presumption of innocence’ are legal terms of art that have specific definitions. These terms do not apply to a person who has not been charged with a crime.

2) The ‘presumption of innocence’ does not mean innocence in fact. The presumption only applies to defendants who have been charged with a crime when a fact finder, be it a judge or jury, deliberates on reaching a verdict. If it were otherwise, no defendant would ever be denied bail and there would be no conditions of release.

3) The grand jury was not required or instructed to presume Wilson was innocent and it did not find him innocent. It found that the evidence presented was insufficient to establish probable cause to believe Wilson committed a crime when he killed Michael Brown. This decision is not an adjudication and does not prevent another grand jury from considering the evidence and returning an indictment.

4) No rule requires anyone to presume Darren Wilson is innocent. He is neither ‘guilty’ nor ‘not guilty’ because those terms are adjudications and he has not been charged with a crime. Anyone who says he is innocent because he must be presumed innocent is mistaken.

The entire grand jury process was a whitewash and should be disregarded.


Ferguson is every city USA and Wilson is a psychopath with a badge

November 29, 2014

Saturday, November 29, 2014

Good morning:

Ferguson is every city USA because racism and white privilege are everywhere and our mostly white militarized police departments behave like an occupation army itching to kill anyone who steps out of line, especially if they have dark skin.

Darren Wilson lost his temper because Dorian Johnson and Michael Brown did not immediately obey his command to get on the sidewalk. He put his vehicle in reverse and cut them off, nearly running them over, and then he swung his door open hitting them.

Michael Brown shoved the door back, just as I might have done in a flash of anger, if I had been in his situation.

Wilson could not handle such disrespect, so he grabbed Michael’s shirt with his left hand and reached for his gun with his right hand.

With good reason considering the epidemic of police harassment and killings of people of color, Michael attempted to prevent Wilson from shooting him.

But Wilson was determined to kill him and nothing was going to stop him.

The demon he described was his own racist self that he projected onto Michael Brown, demonizing him to justify taking a life.

And he has no regrets, none whatsoever, because no black kid is going to get away with challenging his authority.

Darren Wilson is a racist psychopath with a badge.

Ferguson happened a week ago in a park in Cleveland when a rookie cop murdered a black 12-year-old kid.

Ferguson happened on Staten Island when a cop psychopath murdered Eric Garner by choking him to death as other cops restrained him.

The real terrorists in this country are the militarized police departments and the psychopaths with badges.

No place is safe. No place at all.

And if you think you are safe because you are white, think again.

Two words.

Kelly Thomas.

Think twice before you call 911.

It could be the last call you ever make.


Robert McCulloch should be held responsible for using the grand jury to whitewash Darren Wilson

November 26, 2014

Wednesday, November 26, 2014

Good afternoon:

Prosecutor Robert McCulloch’s use of the grand jury to whitewash Officer Daren Wilson’s execution of Michael Brown behind a veil of secrecy is failing miserably and he deserves to bear the consequences for his perversion of justice.

One of the fundamental principles of our system of justice is the right to confront our accusers in a public trial by cross examining them vigorously.

Effective cross examination exposes biases, prejudices and the liars.

Witnesses who testify before a grand jury are rarely cross examined.

Prosecutors and grand juries go together like peanut butter and jelly. Prosecutors point and grand juries accuse.

Here is an example of the tough questions the assistant prosecutor asked Officer Darren Wilson.

Q: Okay, and you say something to them, did they say something to you first?

A: No. You want me to just go with the whole thing?

Q: Sure, go ahead. Let’s start there.

[GJ, Vol.V p. 207]

Go ahead and tell your story, what happened next, and then what did you do? are not are not cross examination.

Here is an example of cross examination.

You just told the members of the grand jury a few minutes ago at Volume V, page 202:

Q: Okay. Did you get any other calls between the time of the sick baby call and your interaction with Michael Brown and Dorian Johnson?

A: While on the sick case call, a call came out for a stealing in progress from the local market on West Florissant, that the suspects traveling toward QT. I didn’t hear the entire call, I was on my portable radio, which isn’t exactly the best. I did hear that a suspect was wearing a black shirt and that a box of Cigarillos was stolen.

Q: And this was your call or you just heard the call?

A: It was not my call. I heard the call.

A: Yes, that is what I said.

Q: And you were under oath when you said that, right?

A: Yes.

Q: And you are as certain about that as you are the rest of your testimony today, is that correct?

A: Yes.

Q: But you told your Sergeant, your direct supervisor, just a few minutes after the shooting that you were not aware of that call and you repeated that to him several times after that during the days after the shooting, didn’t you?

If he admits making the statement, you stare him down until he looks away and then cross your arms and turn your back to the witness for at least 2 minutes until the silence is screaming.

Then you commence the death by a thousand cuts that is the hallmark of every great cross examiner.

If he denies making the statement multiple times to his Sergeant, you put the sergeant on the stand to impeach him.

None of this happened.

And now everyone knows that Robert McCulloch used the grand jury to protect Darren Wilson.

They are marked men. Don’t ever let them forget it.


Grand Jury Testimony Unlikely To Be Released in Michael Brown Shooting

November 24, 2014

Monday, November 24, 2014

Good morning:

Prosecuting Attorney Bob Culloch has publicly stated that a transcript of the proceedings before the grand jury investigating the Michael Brown shooting will be released, if the grand jury decides not to indict Officer Darren Wilson.

Jason Sickles at Yahoo reports,

For three months, prosecuting attorney Robert McCulloch has said he would seek a rare court order from Judge Carolyn Whittington immediately releasing nearly all evidence should Ferguson Police Officer Darren Wilson not be charged. Grand jury proceedings usually remain secret.

“We’ve asked the judge to do that, and the judge has agreed that she will do that, if there is no indictment,” McCulloch said during a radio interview with KTRS in September. “There’s no probably about it, it will be released.”

On Sunday, however, the court said, “Judge Whittington has entered no such order and has made no such agreement,” according to director of judicial admnistration Paul Fox.

I do not believe Judge Whittington will order the evidence released.

Grand jury proceedings are secret in order to protect witnesses from potential public criticism, condemnation and retaliation. Not even their identities can be disclosed, much less their testimony, especially in an extremely controversial case like this one where threats to kill have been uttered and public officials are preparing for a war to break out. The situation is so tense that Governor Nixon has preemptively declared a state of emergency and called out the National Guard.

Under these circumstances, where public disclosure of witness identities and testimony could be a death sentence, I cannot imagine that a judge would lift the veil of secrecy. I certainly would not risk people’s lives to provide political cover for McCulloch’s decision to try Wilson in secret.

There is only one way to handle this case properly and that is to charge Wilson with murder and accord him a public trial with due process of law.

To be clear, I have never believed McCulloch was operating in good faith.

Since August 9th when Darren Wilson killed an unarmed Michael Brown at noon on a quiet residential street in Ferguson before witnesses who described an execution, he has been working diligently to protect Wilson by shepherding him through a secret grand jury investigation.

I believe he knew the transcripts would not be released to the public, but chose to assure everyone that they would be released in order to place public attention on the judge who would refuse to release them and thereby conceal his misconduct.

Voters need to get rid of this racist schemer next time around.


Grand Jury 102: How to rig the outcome of a grand jury investigation

October 25, 2014

Saturday, October 25, 2014

Good morning:

Today I explain how to rig the outcome of a grand jury investigation because I believe that is what is happening in the Michael Brown shooting case.*

I have written a series of articles about the selective leaking of information by ‘unnamed officials’ to print media about the Michael Brown shooting in Ferguson, MO that is favorable to Darren Wilson, the police officer who shot and killed him, and I have accused Bob McCulloch, the elected Prosecuting Attorney for St.Louis County, of being responsible for the release of that information.

I also have predicted that the grand jury will decide not to indict Ferguson police officer Darren Wilson for killing Michael Brown.

Let us begin by acknowledging that six independent eyewitnesses to the shooting said Wilson shot and killed an unarmed Michael Brown after he stopped running away, turned around and raised his hands in the universally understood gesture of surrender. None of them described a situation in which Wilson could reasonably be described as being in imminent danger of death or serious injury.

I used the word ‘independent’ to describe the eyewitnesses because they did not know each other, Michael Brown or Darren Wilson.

Second, no one can credibly contend that the testimony of the six eyewitnesses is not sufficient to constitute probable cause (i.e., reasonable grounds) to believe that Darren Wilson intentionally shot and killed Michael Brown.

Third, since the function of the grand jury is limited to deciding whether there is probable cause to believe that Darren Wilson intentionally shot and killed Michael Brown, the grand jury should have indicted him weeks ago.

Fourth, a grand jury proceeding is not a trial. Prosecutors run grand juries. Their goal is to present enough evidence to get an indictment and nothing more. They are not obliged to present any exculpatory evidence and they rarely do because a grand jury indictment is only an accusation that the named defendant committed a particular crime. Once indicted a defendant can plead guilty and proceed to sentencing or plead not guilty and go to trial.

Fifth, a suspect can testify before a grand jury. That rarely happens because no judge is present and the accused is on his own without a lawyer to protect him while a hostile prosecutor determined to expose his guilt peppers him with questions he would rather not answer. The better choice is to assert the right to remain silent and refuse to testify.

Sixth, we use public trials with regular juries, not secret proceedings, to decide guilt or innocence. Transparency legitimizes outcomes and builds confidence in the legal process.

We believe in due process of law and we cannot have any faith in our legal system without it.

With these six points in mind, let’s take a look at how the outcome of a grand jury investigation can be rigged.

The rare exception to the rule that targets of grand jury investigations do not testify before grand juries, which is what we are seeing here, occurs when the prosecutor is sympathetic to the accused and does not want to charge him. So he rigs the outcome of the grand jury investigation by controlling what evidence they get to hear, including leading the accused through a scripted soft and friendly appearance before the grand jury. After they decide not to charge the accused, he holds a press conference and declares that the grand jury has spoken and it’s time to move on.

In a high publicity case like this one, he arranges to have his minions selectively leak information that supports the suspect to friendly reporters who spin and publish it.

Presto Changeo. No indictment, plausible deniability for the seemingly inexplicable failure to indict that is shrouded in inviolate secrecy, and no adverse political consequences for the prosecutor who can truthfully declare, “I did the best I could.”

*H/T to GrannyStandingForTruth for the inspiration to write this post.


The Grand Jury investigation of the Michael Brown shooting has been hopelessly corrupted

October 23, 2014

Thursday, October 23, 2014

Good morning:

The Los Angeles Times is reporting this morning that the United States Department of Justice has condemned the selective leaking by “unnamed officials” of information provided to the grand jury investigating the Michael Brown shooting as an attempt to improperly influence public opinion. According to Andrew Hart at the Huffington Post, Attorney General Eric Holder is ‘exasperated’ by the selective leaking.

I am more than exasperated. I am disgusted because I have never seen anything this blatant.

Yesterday, I asked who is responsible for this over-the-top effort to influence public opinion.

Only one answer makes any sense.

I accuse Bob McCulloch, the St.Louis County Prosecuting Attorney, the office that he directs and supervises and for which he is accountable, and the Ferguson Police Department and Officer Darren Wilson of conspiring to selectively leak information that is exclusively within their possession, custody and control in order to influence public opinion in favor of Officer Darren Wilson, who shot and killed Michael Brown.

The grand jury should have indicted Wilson for second degree murder two months ago because no one can credibly deny that probable cause (i.e., reasonable grounds) existed to believe that Wilson murdered Michael Brown.

Wilson’s self-defense claim revealed for the first time by the leakers is a laughable self-serving tangle of scripted nonsense designed to fit the known facts.

We have a name for that. We call it subornation of perjury and it is a felony.

Today, we need to ask the next question.

Is there any reason to believe that the blatant and shocking effort to improperly influence public opinion in favor of Darren Wilson by selectively leaking information to the print media and spinning it in his favor is not also being used to influence the grand jury not to indict him for second degree murder?

Is the nation not being groomed and conditioned to passively accept a grand jury decision not to charge Wilson?

We are witnessing such massive corruption and abuse of the grand jury that its decision next month not to indict Wilson will have no legitimacy.

The people responsible for corrupting the grand jury need to be identified, prosecuted, sentenced to prison and disbarred.

The whole world is watching this wretched perversion and it’s time to end it.

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Michael Brown’s blood found on officer’s gun, uniform and interior panel of driver’s door

October 18, 2014

Saturday, October 18, 2014

Good morning:

The New York Times is reporting today that Ferguson police officer Darren Wilson “told investigators two months ago that he was pinned in his vehicle and in fear for his life as he struggled over his gun with Mr. Brown according to government officials briefed on the federal civil rights investigation into the matter.”

He told them that Brown reached for his gun during a scuffle inside his police vehicle. Two shots were fired. The first shot hit Brown in the arm. The second shot missed.

Forensic testing has determined that Brown’s blood was found on the gun, Wilson’s uniform and the interior panel on the driver’s door.

Wilson claimed that Brown “punched and scratched him repeatedly leaving swelling on his face and cuts on his neck.”

Even if we assume that Wilson’s statement is true, that does not mean the subsequent shooting outside the vehicle was justified.

The applicable legal rule: a police officer may pursue a fleeing felon and shoot him, if he refuses to stop and the officer reasonably believes that he presents a danger to others. However, he cannot use deadly force, if the suspect stops and surrenders to his authority by raising his hands. If the suspect approaches him, he can only use deadly force, if he reasonably believes that he is in imminent danger of being killed or seriously injured.

The imminent-danger requirement is the key issue to resolving this case and the answer depends on their relative size, the distance between them, and how fast Brown was moving toward him as well as how he was moving (i.e., running toward the officer versus stumbling and falling forward after being shot).

The officer’s statement to the federal investigators does not answer these questions.

We know that Brown’s body was found 95 feet from the officer’s vehicle, not 35 feet as claimed by the police chief.

Independent eyewitnesses have described an execution, so I see no reason why the grand jury has not indicted Darren Wilson for murder.

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