Protests erupted last night in Ferguson, Missouri after the announcement that the grand jury would not indict police officer Darren Wilson for the August 9 shooting and killing of unarmed 18-year-old Michael Brown.
Avvo legal analyst Lisa Bloom read the grand jury transcripts over night and offered her analysis on Twitter.
I’m ashamed of my justice system, so good at protecting authorities and celebs, so pathetically unable to give justice to African Americans
— Lisa Bloom (@LisaBloom) November 25, 2014
What is justification for Ferguson prosecution being handled so differently? Even from other homicides? Only answer is police defendant.
— Lisa Bloom (@LisaBloom) November 24, 2014
Mr. McCulloch: why did you talk about inconsistencies in eyewitness testimony but not inconsistencies in Darren Wilson's testimony?
— Lisa Bloom (@LisaBloom) November 25, 2014
An attorney who does not aggressively cross-examine the target of an investigation is an attorney who does not want to get to the truth.
— Lisa Bloom (@LisaBloom) November 25, 2014
Darren Wilson testified a taser was available to him, but he didn't carry it because it was "not the most comfortable thing."
— Lisa Bloom (@LisaBloom) November 25, 2014
Darren Wilson's police intv: Mike Brown struck me in my face 10x. Wilson to grand jury: he struck me in my face 2x. No one points this out
— Lisa Bloom (@LisaBloom) November 25, 2014
Darren Wilson testifies he is 6 foot 4. Yet he says he felt like a child up against "Hulk Hogan." Mike Brown was also 6'4"
— Lisa Bloom (@LisaBloom) November 25, 2014
Why are the names of the police officers who investigated Wilson redacted from the released documents? They are public officials.
— Lisa Bloom (@LisaBloom) November 25, 2014
All of these months have only been about the tiniest little crumb of justice . . . Charging Darren Wilson so that a trial will follow.
— Lisa Bloom (@LisaBloom) November 25, 2014
Lisa has covered the events in Ferguson over the past months here on Avvo’s NakedLaw blog.
The shooting of Michael Brown: Why it’s time to move beyond condolences
“President Obama offered his ‘deepest condolences’ to the family and community of Michael Brown, the unarmed black teenager who was shot to death by police Saturday.
‘I know the events of the past few days have prompted strong passions, but as details unfold, I urge everyone in Ferguson, Missouri, and across the country, to remember this young man through reflection and understanding,’ Obama said.
‘We should comfort each other and talk with one another in a way that heals, not in a way that wounds. Along with our prayers, that’s what Michael and his family, and our broader American community, deserve.’
Talk with one another? Prayers? With all due respect, Mr. President, we need more than calm reflection and quiet conversation. We need outrage. We need change…” Read full article.
The long, strange path to charges (or not) against the police officer who killed Michael Brown
“Seven weeks after Mike Brown was gunned down in Ferguson, Missouri, the police officer who killed him remains uncharged and on salary. Why?
Six eyewitnesses have said publicly that Brown’s hands were in the air at the time the fatal shots were fired: Dorian Johnson, Piaget Crenshaw, Tiffany Mitchell, James McKnight, Phillip Walker, and a construction worker whose name has not been publicly released. Yet Wilson remains on paid administrative leave while the wheels of justice turn laboriously slowly in this case. An unusual grand jury proceeding that’s been predicted to take until November or longer has been hearing evidence just one day per week.
What’s not in dispute is that just after noon on a sunny summer Sunday afternoon, Wilson shot and killed 18-year-old Brown in the middle of a residential street. An amateur rapper who aspired to own his own business, Brown had no criminal record and was set to start college two days later, studying engineering.
Because Officer Wilson never completed an incident report about the homicide and has given no public statements, it’s difficult to ascertain exactly what his version of events is. Through others, we’ve learned that he claims that Brown was “charging” or “rushing” him at the time the fatal shots were fired. No eyewitness has publicly corroborated that claim…” Read full article.
Anonymous to Ferguson KKK: ‘We are the law now’
“Consider:
1) After teenager Mike Brown was gunned down in the street on a sunny August Sunday, his blood literally ran in the street for four hours as his killer stood by. No arrest was made, though six witnesses have said publicly that Brown’s hands were up in the universal sign of surrender when he was fatally shot.
2) Officer Wilson, the shooter, was not even required to fill out an incident report explaining his killing of an unarmed civilian. Nevertheless, he has not been fired or even disciplined. He’s been on a paid leave since the killing.
3) Prosecutors did not file charges, an option available to them, though five of the six eyewitnesses who saw Wilson fire the fatal bullets into Brown’s head while his hands were up did not know either man in the incident. This is more than enough to establish probable cause, the lowest burden of proof in our legal system.
4) Prosecutors instead chose the secrecy of a grand jury proceeding, and then dragged it out, making getting to charges far more difficult by two highly unusual choices they made:
(i) putting on all the evidence as if this were a full blow trial; and
(ii) not recommending any particular charges be filed. As this same grand jury has been hearing other matters for months under standard operating procedure — where the prosecutor puts on a few witnesses and then advocates for specific charges — they will surely notice the difference.
In the unlikely event that the grand jury does indict, it would be in spite of, not because of, the prosecutor’s presentation of evidence in that room.” Read full article.
The views and opinions expressed here are those of the author and do not necessarily represent those of Avvo.
Photo via AP
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4 comments
Jane
The video of Brown reminded me of the pair of vicious bullies I encountered in middle school, that still leave me, 35+ years later, wanting to crack their heads open with a baseball bat. Brown's defiant behavior got him the outcome that ended his life. Police officers nationwide are increasingly taking on a military approach patrolling the streets of America, and until that changes, there will be many more such deaths. In the meantime, teach your kids not to steal, teach them to walk on the sidewalk, teach them not to mouth off to adults in authority. You know, the stuff any 5 year old is taught. Look at all the damage Brown has done to his city, all for lack of a moral compass, failure to follow the rules, and being devoid of self-control.
xxxx
Amazing this person is an attorney and has so many facts wrong. No marks on the officers face. Did she even put effort into this.
robin
I don't understand why there isn't more about the officer's decision not to use alternatives to a firearm. The officer's testified that he couldn't reach the mace because his left hand was busy fending off punches. Yet, seconds later that same hand was available to cock the gun for the second shot. He said he didn't bring a taser because it was uncomfortable and the prosecutor didn't ask if it was required; isn't a gun uncomfortable.... The prosecutor didn't ask about the officer's training in non-lethal measures and why he when right for his gun. Why did the officer allow a life threat to approach his window? Or how is an unarmed teen with a demonic look on his face anywhere near life threat for a well armed and protected police officer?
The officer was in a 4,000 pound vehicle capable of over 100 mph. Why didn't he just drive away from the conflict and pursue Brown while driving until backup arrived rather than pull a gun in a confined space? Isn't there training on pulling a gun in this situation?
What about the fear for his life issue in the car - a little redness on the face of a 6'4" trained officer and a demonic look on Brown's face shouldn't be grounds for firing a weapon twice from inside the car. You would think that the officer's injuries would have to be near significant to justify the "fear of life" justification for the two shots in the car. Unless you believe that big black men have super human strength and will kill with a single blow, which is what the prosecutor allowed the officer to imply. I don't get it? Even the most lethal, skilled, professional boxers take rounds and rounds of punishment without losing their lives or consciousness and Brown was not that good with his hands otherwise the police would have known of him.
I just don't get it. The officer was 6'4", a big man and he acted like Brown was a monster. The autopsy said Brown was 77" or 6'5". How's it possible that that isn't seen as equal. The prosecutor allowed the black super human, demonic portrayal to go unchecked. Put these two guys in a ring and should either fear their life within the first few seconds?
The officer introduced the deadly weapon by pulling his gun. Shouldn't he be responsible?
Then the officer has time to leave the car and pursue, knowing by then that Brown doesn't have a weapon. Why didn't the officer pull out the mace and use it? How could he fear his life by that time, since he had already engaged in a conflict with Brown; survived; and Brown ran away?
Why is there nothing in the transcript of a cross examination of the officer. He had a problem with the community he was supposed to be serving according to his testimony and yet wasn't crossed on that issue?
But the prosecutors seem to encourage the vilification of Brown and the community. One witness was asked and allowed to say she is going to move out of the area because of the "riffraff... a bunch of youngsters... they do all kinds of crazy stuff," that her desire to move "has nothing to do with the cop shooting the kid or the kid causing the shooting..." And the prosecutor doesn't challenge the implication that Brown was "riffraff;" that he caused the shooting; that he as a youngster does crazy stuff" even implying that she would someday be shot by these "youngsters."
Where were the prosecutors?
I am a white male, 58 years old who grew up in Los Angeles where I could see the Watts riots. I was pursued by black and Latino gangs as a youngster, but never feared my life from a punch. It's all about jobs, because I knew "youngsters" who had no hope for the future but had a yearning to be part of something important. All too often the only option was a gang. People are good if given an opportunity. It's all about jobs that people will learn so they can earn a better life for their family and themselves. We have to have laws and enforcers that live up to the law and take responsibility for mistakes rather than closing rank and defending blindly as though they too are gangs.
kate
Thank you. Just, thank you. For pointing out how hideous and hypocritical and outrageous and legally corrupt this grand jury process was and for expressing our national shame. And, as a victim advocate in homicide cases, I want to thank you for pointing out the horrendous double-standard of treatment of the Brown family by this prosecutor. In just the small column of the issue of "victims rights" the Browns were not treated with the dignity and respect and information due to victims family members. You couldn't even tell that they were the victims family member from the perspective of the prosecutions office . Michael Brown was the victim McCulloch was supposed to be trying to get justice for - and we can be 1000% sure that if this family were white, in a case this high profile, he would be in close contact with them and standing with them at every press conference. Clearly McCulloch did not think of this family as the victims family. I am appalled. He should be forced out. Thank you Lisa - I loved you before and your Ferguson coverage makes me a fan for life.