I have written extensively about injustices in the process that resulted in the no indictment decision for police officer Darren Wilson in the August shooting of unarmed teenager Mike Brown. Many have asked: what can be done about them? Now we have an answer.
In a series of new maneuvers, formal legal complaints have now been lodged about the improprieties in the grand jury proceedings, seeking various forms of relief.
#1 Ferguson grand juror sues prosecutor Bob McCulloch
The biggest news is that one of the grand jurors, represented by the American Civil Liberties Union of Missouri, has sued controversial St. Louis County prosecutor Bob McCulloch, claiming that Mr. McCulloch’s public comments about the evidence were inaccurate, “especially the implication that all grand jurors believed that there was no support for any charges.”
The grand juror, named as “Grand Juror Doe,” states that unlike other grand jury proceedings, this one had a “stronger focus on the victim,” Brown, that the prosecutors failed to recommend any specific charges, and that their presentation of the law was “muddled.”
My review of substantial portions of the grand jury transcripts confirms all of these allegations, as I’ve noted previously.
McCulloch himself told the grand jurors from the very beginning that the case was different from the others they’d just heard, and the assistant prosecutors who presented the case repeated that sentiment during the proceedings. Officer Wilson and witnesses favorable to him were treated sympathetically. Irregularities in police procedures following the shooting, such as Wilson’s initial statements not being recorded, his being allowed to leave the scene on his own, bag his own gun, and wash his hands, were ignored. When Wilson testified that he knew about Brown’s alleged store robbery, prosecutors did not confront him with his prior, conflicting, statement that he did not know about the robbery.
In sharp contrast, witnesses who reported wrongdoing by Wilson, such as the large group who said he shot Brown while his hands were up in the universal sign of surrender, were rigorously cross-examined. The grand juror notes in the lawsuit that “heavy redactions and absence of context” render those transcripts less transparent than McCulloch claims. In other words, it’s even worse than we can tell from the transcripts.
The lawsuit seeks relief from Missouri law, which makes it a misdemeanor for a grand juror to speak publicly about the proceedings. Given the highly public nature of this case, and McCulloch’s choice to speak extensively to the media about the evidence and witnesses presented to the grand jury, the grand juror asks for an exemption in order to contribute to the public discussion about race and justice.
I’ve read the entire complaint, which sets up a clash between grand juror confidentiality law and the First Amendment. It’s a long shot, but if anyone can win this case, it’s the ACLU. That McCulloch (who was rarely in the grand jury room) can publicly comment but the grand jurors themselves cannot feels fundamentally unfair. Stay tuned.
#2 The NAACP asks Missouri judge to investigate misconduct
Second, the venerated NAACP Legal Defense Fund has written a formal letter to Missouri Judge Maura McShane, asking her to set aside the grand jury decision based on prosecutorial misconduct. The grounds:
- State prosecuting attorneys, including McCulloch, knowingly put on a pro-Wilson witness who presented false testimony (and who has a history of overt racism)
- Prosecutors presented incorrect and confused statements of the law in the case
- Prosecutors provided favorable treatment to Wilson
Notice that these grievances mirror those of the grand juror above. The NAACP seeks the appointment of a special prosecutor, “or other means” to achieve justice.
In my view, the NAACP presents strong legal grounds for a new hearing, and if they get it, this will be the most significant game-changing outcome. As an attorney I am well aware of the ethical rule that we cannot knowingly put on false testimony. It’s shocking that they did so here, and that Mr. McCulloch has admitted it. The desire to be finished with this high profile case should not trump the family’s right to a fair proceeding as they seek fairness and justice for the killing of their son.
#3 Bar complaint filed against McCulloch and team
Third, a bar complaint has been filed against McCulloch and his assistant prosecutors. Citizens, attorneys and a former judge ask for an investigation on the grounds that the state attorneys:
- Put on witnesses they knew or should have known would make false statements
- Presented the grand jury with a legal instruction ruled unconstitutional for decades
- Misplaced evidence related to key witness Dorian Johnson
- Failed to provide specific charges to the jury after “dumping” on them thousands of pages of interviews and evidence
Missouri’s Office of Chief Disciplinary Counsel has a duty to investigate allegations of misconduct by lawyers. These complaints are serious and meritorious.
You’ll notice that all three of these complaints focus on many of the same issues. In our legal system we deplore a wrong without a remedy. We insist that every American, regardless of color or station in life, be treated fairly and equally in our criminal justice system. When the state has done such a poor and biased job in prosecuting the killer of an unarmed teen — violating their own ethical rules — the community has the right to be outraged and to continue to demand justice five months after the shooting.
The overwhelmingly nonviolent Ferguson activists have kept the pressure on and awakened a nation. It’s up to the legal system to now police itself and to remedy the glaring biases that took place in that grand jury room.
We are a nation committed to equality on paper. It’s now up to Missouri judges and disciplinary counsel to bring those values home.
The views and opinions expressed here are those of the author and do not necessarily represent those of Avvo.
Photo: Rena Schild / Shutterstock.com
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3 comments
finley
Fiction is the only way a crime shall go on punished especially when suspect is known. For alleged. Allegation and personally. Confide in one of his knowledge informing of various kinds of information that may have the right of access for the purpose for the next year and the rest of this year's events of cold cases or other travesty alot of documents and records stored and other tips crossed over here and there all around and even crime before my time even... known mc for almost 14 months he has to offer and wants the opportunity to make sure Jesus' will accept him. Please contact me so I know what to do .. Or should I just rite a book.. Honestly be ready various crime waves..
Joseph James
Ms. Bloom: If you're looking for material for your site, consider "The Fairbanks-Four" controversy Here in Alaska. Four young men (three are Alaska Natives) have been in prison for decades, with the state dragging their heals heavily against the Alaska Innocence Project filings for rehearings. There was absolutly no forensic evidence, and a chief witness claims to have seen the whole thing from a couple of blocks away, at night. Further, a convicted killer, doing natural life in prison for two unrelated murders, has given a written deposition that he, and four others, different than the ones in prison, were the ones who had actually committed the murder. Info at The Alaska Innocence Project, and the Fairbanks Daily News Miner. The Fairbanks-Four have a great number of supporters who believe in their innocence, but as the greater portion of them are Alaska Natives, they are being marginalized by the powers that be. Joe
Kenneth Henry Deome
Dear Ms. Bloom,
Let' not forget cause & effect, as Darren Wilson in what should amount to reckless disregard either:
A) did not know Michael Brown was a robbery suspect and therein escalated a jaywalking violation into a violent confrontation by backing his vehicle so close as to put subjects on alert for their safety, adding to the likelihood of (further) noncooperation,
or
B) Wilson knew MB was the suspect from the robbery and surrendered the advantage of distance (aka, reaction time, which he would later regain by backpedaling as he fired on Brown) by playing the cowboy and trying to arrest 2 suspect at close proximity.
In short Darren Wilson did anything but handle the situation with safety as his first concern, and in fact behaved in so cavalier a fashion as to constitute aggression on his part...a charge that should be used against police officers regardless of the perception they are "defenders".
Robert McCulloch's actions--especially in regards to aggressive disconnect--simply proves this is in fact a systemic reality. That the personal views of those trusted to provide Law and Order take precedence over both the letter and spirit of our laws.
Thank you.