Bar Complaint Filed Against Prosecuting Attorney McCulloch and Two Assistant Prosecutors

January 7, 2015

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)


What did McCulloch know and when did he know it

December 20, 2014

Saturday, December 20, 2014

Good morning:

What did Robert McCulloch know and when did he know it?

Monica Davey of the New York Times reports that McCulloch admitted during a radio interview yesterday,

Mr. McCulloch said the grand jury was able to sort out whose testimony to believe, and acknowledged that witnesses he did not believe to be truthful had come before the jurors. Mr. McCulloch said that one female witness, who provided testimony that appeared to bolster Officer Wilson’s account of events, “clearly wasn’t present” when the shooting occurred.

In her testimony, the woman whom Mr. McCullough appeared to cite, acknowledged a history of feelings that “others consider to be racist,” gave various reasons for being near the shooting, and described extensive memory problems from a head injury in a car crash. Asked whether he believed the grand jury had given credence to the woman’s testimony, Mr. McCulloch said, “none whatsoever,” and added that the grand jury also heard from other witnesses whose testimony was also in doubt. “It went both directions,” he said.

There is a huge difference between knowing Sandra McElroy committed perjury when she testified before the grand jury and doubting the credibility of other witnesses who also testified.

I am going to be very specific. No ethical prosecutor would ever consider putting a witness before the grand jury if they knew the witness was going to lie. Furthermore, an ethical prosecutor, who found out that a major witness had committed perjury, would inform the grand jury that the witness had lied and instruct them to disregard her testimony. If the ethical prosecutor discovered that the witness had lied after the grand jury decided not to indict, he would summon a new grand jury and present the case to them without the lying witness.

McCulloch’s excuse that falsehoods went both ways basically cancelling each other out, therefore, no harm no foul is unacceptable. McElroy is the only witness who backed up every material claim Darren Wilson made. Her influence is baked into the grand jury’s decision not to charge Wilson and cannot be carved out by claiming other witnesses lied. He does not know that. He believes it because he wants to believe it and he wants to believe it because Darren Wilson is a member of his tribe. They are on the same team. Wilson is a white cop and he’s a white prosecutor who works with white cops disproportionally prosecuting black defendants.

The foul stink of racist driven corruption is suffocating.

Governor Nixon needs to appoint a special prosecutor immediately.


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.


%d bloggers like this: