Category Archives: Criminal Law

Darren Wilson Grand Jury Verdict Not Credible

There is no appearance of justice in the Darren Wilson Grand Jury Verdict. Let's be clear, since August, calls for a special prosecutor were made, because a significant portion of the public believed that St. Louis County Prosecutor Bob McCulloch was biased. The assumption from the beginning was that the officer would not be indicted.

See The Last Word with Lawrence O'Donnell below which points out that the St. Louis County Prosecutor's office mislead the Micheal Brown Grand Jury by providing instructions on outdated law.

 

Bias and prejudice are innate characteristics—often deeply ingrained and concealed from our own self-examination. The United States Supreme Court recognized this when it said that “[b]ias or prejudice is such an elusive condition of the mind that it is most difficult, if not impossible, to always recognize its existence.” Further, the high court said, bias or prejudice can exist in someone “who was quite positive he had no bias and said that he was perfectly able to decide the question wholly uninfluenced by anything but the evidence.” Crawford v. United States, 212 U.S. 183, 196 (1909).

Even Supreme Court Justices remove themselves from case to preserve the appearance of justice when their bias may be called into question. McCulloch could have diffused the situation by simply recusing himself from the process. McCulloch as prosecutor could have simply brought charges as he does against countless others who don't happen to be police officers.

The secret and unknown witness testimony carries virtually no credibility. Were these witnesses criminals promised reduced charges or sentences for their testimony? Were they paid off? Were less credible witnesses purposefully chosen to testify to make Wilson's version seem more credible? The world will never be able to determine the witnesses' credibility, because no one knows who they are. Read The Smoking Gun article, "Witness 40": Exposing A Fraud In Ferguson, which claims witness 40 whose testimony supported Darren Wilson's version is bipolar, lied and didn't witness the shooting of Michael Brown.

 

 

See the St. Louis Post Distpatch article, "Some witnesses lied to Michael Brown grand jury, McCulloch says. So why have them testify? (This link was hacked and redirected, discovered and repaired on 4-10-2015) McCulloch specifically talks about testimony that appears to be that of witness #40. 

Any other average citizen could be arrested based upon a single person making accusations against them. In fact, Mike Brown, was supposedly an alleged suspect because of a phone call by an individual who was not even the owner of the store involved. I don't believe Darren Wilson would have been convicted if he had gone to trial. However, the process of a public trial could have at least eased tensions and provide much needed and called for transparency.

The Darren Wilson story has changed

The Post Dispatch has reported that Darren Wilson engaged Mike Brown because he fit the description of the strong arm robbery suspect. http://www.stltoday.com/news/multimedia/special/darren-wilson-s-radio-calls-show-fatal-encounter-was-brief/html_79c17aed-0dbe-514d-ba32-bad908056790.html

Six days after the shooting, Ferguson police release strong arm video and later that same day, Ferguson police chief states that Wilson was not aware of the robbery, http://www.wsj.com/articles/police-name-darren-wilson-as-officer-in-ferguson-missouri-michael-brown-shooting-1408108371

Three months later after details have been released in the media and notes have been compared, the encounter is now closely related to the robbery with supporting radio calls. If this is true, certainly the chief of police should have known. Police departments should not be allowed to investigate their own crimes. Police need to be policed by an outside agency. This contradictory information three months later is not credible.