Ferguson Grand Jury Decision Discussion Thread

prediction?


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Lyv

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Grand Juror Sues McCulloch, Says He Mischaracterized The Wilson Case

The grand juror, referred to only as "Grand Juror Doe" in the lawsuit, takes issue with how McCulloch characterized the case. McCulloch released evidence presented to the grand jury and publicly discussed the case after the grand jury decided not to indict Wilson, then a Ferguson police officer, in the shooting death of Michael Brown, an 18-year-old African American.

“In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges,” the lawsuit says. “Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with [Doe]’s own.”

A PDF of the complaint.
 

nighttimer

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Interesting development. I wonder if it will get past judicial review though as grand jurors are legally bound not to discuss cases.

Best guess? Probably not.
 

raburrell

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Answers the question as to whether the verdict was unanimous, at least. Though whether this person was an island of one, who knows.

Having read through the brief, I think they make a compelling argument from a public standpoint, but like nighttimer, I'm skeptical they'll prevail from a legal one.
 

backslashbaby

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McCulloch's characterizations of what the grand jury thought bothered me right off. He wouldn't have known what they thought in such detail, at least at that early point after the vote. He was clearly putting his own views in their mouths, imho.

It must be so frustrating that he keeps talking about the grand jury but they still aren't allowed to correct him, etc. I'm glad the juror is suing, and I do hope s/he wins the right to speak about it.
 

ShaunHorton

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An article on the lawsuit from USA Today.

An interesting quote.

Tony Rothert, legal director of the ACLU of Missouri, said in a statement. "The rules of secrecy must yield because this is a highly unusual circumstance. The First Amendment prevents the state from imposing a lifetime gag order in cases where the prosecuting attorney has purported to be transparent.

Considering McCulloch's claimed transparency multiple times, (although it keeps being discovered that he's holding things back), I can't see how they can refuse the juror.

In the suit, the juror contends that "the investigation of Wilson had a stronger focus on the victim (Brown) than in other cases presented to the grand jury." The juror also states in the lawsuit that explanation of the law was made in a "muddled and untimely manner" compared with other cases that were presented to the grand jurors, who began their service in May.

Will definitely be interesting to see what this juror, and possibly some of the others, have to actually say about the case.
 

CassandraW

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Has anyone posted this yet? Just in case:

Judge to weigh releasing grand jury record in Garner case

A New York judge will hear arguments later this month whether to publicly release the records of a grand jury hearing in the case of an unarmed black man killed after a policeman put him in a chokehold while arresting him for peddling loose cigarettes.

<snip>

Daniel Donovan, Jr., the district attorney who handled the Garner case and the respondent in all four petitions, is opposing the unsealing of the Garner case, saying the petitioners do not have the right to make the request.

"While the public's thirst for information relating to this matter is both palpable and understandable," his lawyers wrote in court documents filed Friday, "satisfying that thirst" by reneging on a promise of secrecy to witnesses would impair future grand juries.

At a brief hearing on Monday, Judge William Garnett said he would hear arguments from lawyers from both sides on Jan. 29.

"At least we'll have some transparency," Gwen Carr, Garner's mother, said after attending the hearing.
 

nighttimer

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Even more good news for Darren Wilson's best buddy. :Hug2:

ST. LOUIS (KMOV.com) – A group of seven Missouri residents have filed a bar complaint against St. Louis County Prosecuting Attorney Bob McCulloch and Assistant Prosecuting Attorneys Kathi Alizadeh and Sheila Whirley in the Handling of the Darren Wilson Grand Jury.

According to the complaint, McCulloch, Alizadeh and Whirly violated 15 Missouri Rules of Professional Conduct, including “presenting witnesses to the Grand Jury including Darren Wilson, who McCulloch, Alizadeh and Whirley knew or should have known would make false statements.”

The complaint also alleges McCulloch, Alizadeh and Whirley mislabeled and misplaced evidence related to Dorian Johnson along with failing to provide specific charges to the jurors.
The complaint has been mailed to the Office of the Chief Disciplinary Counsel and will be hand delivered to the Jefferson City Office on Wednesday.
 

nighttimer

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I suspect that someone will make the case that granting this juror's request risks endangering the safety of the other jurors.

How would it endanger the safety of other jurors?
 

nighttimer

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*shrug*. I didn't say it was a logical argument. I just suspect someone will. It has that suggested element of danger, slippery slope appeal.

I imagine the argument goes that if the identities of the jurors were released, they would be targeted by people angry that Wilson wasn't charged.

Oh, you mean in the same way the O.J. Simpson and George Zimmerman jurors were targeted? :Huh:

A grand jury makes the call to indict or not. A petit jury makes the call of guilty or innocence. Why would a grand jury be at more risk than a trial jury?

:rant:Well here's a really fuckin productive way to vent your frustrations out on the Brown and Garner cases.

Yeah. There's a lot of really fucking productive ways to get your ha-has out on the Brown and Garner cases.

The Los Angeles Police Department has launched a preliminary investigation into a video that has emerged of a song that plays on the shooting death of Michael Brown. It was sung at a party thrown by a retired LAPD officer.

Police confirmed to the Los Angeles Times the investigation into the video, on which can be heard a parody of "Bad, Bad Leroy Brown" that refers to the Ferguson, Mo., 18-year-old and includes lines such as, "His brain was splatter on the floor."

Some of the changed lyrics to the song released by Jim Croce in 1973 include:

"Michael Brown learned a lesson
about a messin’ with a bad … police man
And he’s, bad, bad Michael Brown
Baddest thug in the whole darn town
Badder than an ol' King Kong
Meaner than a junkyard dog
Two men took to fightin’
And Michael punched in through the door
and Michael looked like some old Swiss cheese
His brain was splatter on the floor."