i had been making this argument since the grand jury came back with a "no indict" verdict.something was fishy,things didnt add up,but there was no information to concretely solidify my case..until now.
so to all those authoritarian,police apologist fuck-sticks,i say this with all humanity:go fuck yourself,you incurious gaggle of knuckle-draggers.
of course they all slithered sheepishly back to their rock lairs with absolutely nothing to say.
from freethoughtproject:
On September 16, Assistant Prosecuting Attorney Kathy Alizadeh handed the grand jury a copy of Missouri statute 563.046- the state’s use of force doctrine.
This 1979 doctorine was ruled unconstitutional by the Supreme Court based entirely on the portion of the statute that was helpful to Officer Darren Wilson, the part that states police officers are permitted to shoot any suspect that’s simply fleeing.
In 1985, the Supreme Court ruled on the case of Tennessee v. Garner, a 15 year old boy who was shot in the back of the head by a police officer as he attempted to flee after a robbery. The ruling meant that cops could no longer legally kill someone only for attempting to escape, the officer must now have a reasonable belief that the suspect poses a dangerous threat to someone or had committed a violent felony.
Keep in mind that Darren Wilson had no idea that Brown had previously got into the infamous altercation which was so conveniently sent to the media with plenty of false rumors and speculation surrounding it.
The grand jury listened to Darren Wilson’s testimony having been told by the prosecutors office, the people who were supposed to actually attempt to prosecute this man, that Darren Wilson did absolutely nothing wrong as long as at some point Mike Brown attempted to flee, based on a law that has not been legal in nearly 30 years- since before Darren Wilson was even born!
For three long and important weeks Alizadeh let this law simmer in the minds of the jurors.
On November 21, only three days before the Grand Jury would make their decision, Alizadeh attempted to protect herself by some-what coming clean, only in a way seemingly devised to confuse the jurors. This woman deserves a portion of the defense money for doing their job so well.
Here is how that happened.
Grand Jury November 21, 2014
“Previously in the very beginning of this process I printed out a statute for you that was, the statute in Missouri for the use of force to affect an arrest. So if you all want to get those out. What we have discovered and we have been going along with this, doing our research, is that the statute in the state of Missouri does not comply with the case law. This doesn’t sound probably unfamiliar with you that the law is codified in the written form in the books and they’re called statutes, but courts interpret those statutes.
And so the statute for the use of force to affect an arrest in the state of Missouri does not comply with Missouri supreme, I’m sorry, United States supreme court cases.
So the statue I gave you, if you want to fold that in half just so that you know don’t necessarily rely on that because there is a portion of that that doesn’t comply with the law.”
At this point Alizadeh handed the jurors a new explanation of the laws on deadly force.
“That does correctly state what the law is on when an officer can use force and when he can use Deadly Force in affecting an arrest, okay. I don’t want you to get confused and don’t rely on that copy or that print-out of the statute that I’ve given you a long time ago.
It is not entirely incorrect or inaccurate, but there is something in it that’s not correct, ignore it totally” Alizadeh stated.
Confused, presumably by the lack of explanation, one juror asked if Federal court overrides Missouri statutes. Her reply? “As far as you need to know, just don’t worry about that.”
A second ADA in the room then chimed in to state “We don’t want to get into a law class.”
It doesn’t take a ‘law class’ to explain to a Grand Juror that Yes, the United States Supreme Court does indeed override Missouri statutes. It takes one word – Yes.
But that is not the worst, most unprofessional aspect of ADA Kathy Alizadeh’s presentation to the Grand Jury about this law. The very worst part of it is that she never, ever explained to the Grand Jury what was incorrect about the unconstitutional statute that she had given them and left with them as one of their official papers for weeks and weeks and weeks.
You will not find another legal proceeding in which jurors and Grand jurors are simply handed a law, and then weeks later handed a correction to that law; and then the Grand jurors are simply left to figure out the difference in the laws.. by themselves. That is actually something you would do in a law class – figure it out by yourself.
With prosecutors like this, Darren Wilson never really needed a defense lawyer.” O’Donnell eloquently states.
Community clergy members and activists have been marching to his office demanding his recusal since the beginning, even before McCulloch’s bizarre press conference for the announcement which could have just as easily have come from the defense.
A state senator wrote him a letter asking him to step aside, and even Governor Jay Nixon, hinted that Mr. McCulloch should recuse himself, the New York Times previously reported.
The MoveOn petition for his removal states:
McCulloch’s decision not to charge officers who murdered two unarmed African-American men in 2000 by shooting into their car 20 times, especially in the face of the U.S. Attorney’s independent investigation finding that those officers lied about their actions, gives us no confidence that his office can provide a fair and impartial investigation into this current matter.
That failure, coupled with McCulloch’s recent participation in one of the most racially polarizing elections in the history of St. Louis County, means that his office’s continued oversight of this tragedy will only sow further distrust and discord in our community.
For the good of the entire St. Louis region and the nation as a whole, we call on Robert P. McCulloch to recuse himself and his office from this matter and to appoint a special prosecutor to investigate the murder of Michael Brown.
Was there ever any case against Darren Wilson, or was this really a case against Mike Brown?
26 Comments
HenningKOsays...*promote
Good god.
siftbotsays...Invocations (promote) cannot be called by HenningKO because HenningKO is not privileged - sorry.
newtboysays...Not a surprise to me. We knew that the DA had thrown the case. They did NOT do what they normally do in a grand jury, which is to present evidence that shows or implies the 'defendants' guilt, and present it in a way that makes the 'defendant' look guilty, or at least looks like they could be guilty. They don't show evidence that might make the 'defendant' look not-guilty, and the 'defendant' does not testify. In this case, they handed over ALL their evidence, did not explain it except to provide explanations that fit the 'defendants' version, and did allow the 'defendant' to 'testify', in his own words, for days on end without any cross examination or question of his version. Now we have another story that they also instructed the 'jury' with long held unconstitutional 'laws'.
To me, this all adds up to 'jeopardy' never attaching in this case, due to prosecutorial misconduct. The DA is REQUIRED to represent the state, not the defendant, ZEALOUSLY. There can be little question that, in this case, no such zealous representation happened on the side of the state/people. For that reason, I hope a special prosecutor can still go after him for murder. I also really hope this DA will be disbarred, certainly removed as DA, but it's a thin hope.
bobknight33says...What is the LAW? When can a cop shoot / kill an offender? It was handed to them. I would think that they read it ? What was given to them?
newtboysays...A better question might be...What is the Law? When can a citizen 'stand their ground' and shoot/kill an offending/abusive cop? At some point, it must dawn on the legislature that cops kill 10 times as many citizens as the reverse (citizens killing cops) and it must be considered that we need protection FROM the police, as well as protection by the police. ;-)
As to your actual question, it's been reported that they were given the entire 'file' of evidence by the DA, everything they had, which must have been boxes upon boxes of information, as well as multiple 'laws' in their legalese entirety, including some that had already been removed for being unconstitutional. When that's done to an actual defendant in a trial, it's often called 'burying them in evidence', and is a tactic to hide a needle (of evidence) in a hay stack. I've never heard of it happening in a grand jury, where there is no defense side offered only the prosecution side (normally). It really seems the 'prosecution' this time was designed to both confuse the grand jury and offer them reasonable doubt...which is not how grand jury's work against citizens/non-police. Again, why I hope for disbarment of the DA, this was not zealous representation of their client, us.
What is the LAW? When can a cop shoot / kill an offender? It was handed to them. I would think that they read it ? What was given to them?
billpayersays...@enoch. I suggest removing the word 'mistake' from title
This was not a mistake. This was the purposeful misleading of a jury.
Appalling.
eric3579says...*promote
siftbotsays...Promoting this video back to the front page; last published Monday, December 8th, 2014 9:20am PST - promote requested by eric3579.
RFlaggsays...The problem I've had is that both in Ferguson and the New York case, the Grand Jury both seemed to vote on guilt/innocence, not if there is merit for a trail. Ferguson could have ended up with an innocent verdict had it actually gone to trial, if only because of massive conflicting testimony (people would still be upset, but at least if there was a trial it'd probably have been minimized). The New York choke hold is a bit harder to see how it didn't go to trial, there's a flipping camera recording it.
The Cleveland one that seems to be blowing up is a bit different, though the family wasn't treated with proper respect, I'm a bit more on the cop side there since the orange cap was off (and who can fully trust that if all you have to do is paint the tip of a real gun orange) and it looked real in the time they had. One could argue they shot too soon, but hard to tell how long to give. The problem in that case is they didn't call for medical care quick enough (not that it probably would have helped) and they blocked and arrested the family, treating them without any respect to a dead/dying child that by that point they knew had a toy gun. Let the mother get to her kid, let the sister go and don't make the mother choose to stay with her daughter or ride with her son... That's where the Cleveland one went south.
Asmosays...The explanation at the top of this thread + the video which you can watch if you are functionally illiterate, explains exactly what isn't the law...
But I know you're literate, you spew bullshit back to other posters. So I can only conclude that you are deliberately ignorant of the law...
You're an ex-police officer, correct? So you were given a badge and a gun even though you seem incapable of understanding the law you swore to uphold.
And we wonder why cops are gunning down people without legal justification?
What is the LAW? When can a cop shoot / kill an offender? It was handed to them. I would think that they read it ? What was given to them?
dannym3141says...Don't understand why you are asking that question? The video is the answer, and it's summarised for you in the description. The answer is that they were handed a piece of paper that did not have any current (at the time) American law on it - but were misled by someone into thinking that it was. I hope that's clear enough and i've highlighted it so you can see it easily.
Are you trying to make a point, or did you not get that from the seventeen different ways it was said in the video and description?
Additionally to that point, i strongly suspect that in the professional legal industry, mistakes like that simply do not happen by accident. They are at the very top some of the most important legal decisions being made in the entire world, and i'm supposed to believe that they accidentally overlooked something that had been decided over 30 years ago and entirely changed police policy? Whoops i just printed off a 30 year old law, and i thought it was the present day one? Do you think the members of the jury didn't think, "Hmmm, are you sure it's legal to shoot random people as long as they're running away? We don't see that very often anymore.... Odd!" And when they ask that they're told, "Well there's the law right there for ya, i'm as surprised as you but i won't double check the modernity of it!" Only to be told days before the decision that perhaps maybe parts of the second bit of the bit i gave you earlier might not be valid, but we don't want to get into technicalities here, don't worry about it.
It's fucking corrupt, someone's (more likely to be many people) pulled a fast one... but worse still, someone's pulled a fast one on a HUGELY important case and had the arrogance to think they'd get away with something that simple. When you think of the protests in Ferguson and many many people showing support, how could they be so flippant? It doesn't just point towards racism, it confirms every racist suspicion that you might have had about the American legal system. It's not a one-off when it happens at the very top of the pyramid, that's how the best of the legal eagles in America deals with the problem of a white policeman killing a black man.... it was his fault, he's bad, he deserved it.
They were right under the microscope here - are you racist? And what did they do? Surely this is evidence of a system that lets down black people, and therefore it urgently needs to be fixed... and what about past offenders? I'd be pretty angry, if i were a black American. It's not just a let down, it's a dupe.
What is the LAW? When can a cop shoot / kill an offender? It was handed to them. I would think that they read it ? What was given to them?
FlowersInHisHairsays...This is astonishing.
bobknight33says...@dannym3141
@Asmo
@newtboy
Just asking for the current Law on the books. no more no less. Odonnell seems quick to point out the misgivings ( ie slight of hand trick) from the DA but to be fair reporter of facts he should give the current actual law. It does matter. With out it she is just stoking the fire and you all are sucking it up.
Brown's blood was on Officer Wilson's gun (a Sig Sauer P229) and on the inside of his police vehicle.
He ran away then stopped turned around and came back to the cop and started charging and finally wend down 8 - 10 feet from the cop.
The cop was justified. I am glad the kid is dead.
SDGundamXjokingly says...Thank god you were there and we have your eyewitness testimony to tell us what really happened.
And no, in case you were wondering, it isn't callous at all to be glad a kid is dead.
Good thing you're an American cop--your comments here show you've clearly found your true calling.
@dannym3141
@Asmo
@newtboy
Just asking for the current Law on the books. no more no less. Odonnell seems quick to point out the misgivings ( ie slight of hand trick) from the DA but to be fair reporter of facts he should give the current actual law. It does matter. With out it she is just stoking the fire and you all are sucking it up.
Brown's blood was on Officer Wilson's gun (a Sig Sauer P229) and on the inside of his police vehicle.
He ran away then stopped turned around and came back to the cop and started charging and finally wend down 8 - 10 feet from the cop.
The cop was justified. I am glad the kid is dead.
enochsays...you had me until "i am glad the kid is dead".
you appear to be fighting a battle based on dissimilar distinctions.
you point out (rightly in my opinion) that there is evidence mike brown went for officer wilsons gun.while there is contradictory eye-witness accounts in that regard,if it had proven true,wilson would have been justified.
but...
this has zero to do with the evidence presented in this video.
which is exactly what people here on this thread have been trying to point out to you and you keep ignoring.either willingly or otherwise.
i do not understand conservatives such as yourself.you seem to adore the rule of law,but only when it is subservient to your own prejudices.
so let us break this down a bit.
if it were proven in a court of law that mike brown DID go for officer wilsons gun (which is possible).then under the current federal law wilson would be justified in this particular shooting.
then WHY did the D.A and A.D.A so obviously manipulate the grand jury?
why did they sabotage their OWN grand jury?
there are only two possibilities:
both the D.A and A.D.A are a level of epic incompetence,as to justify an immediate termination,OR their malfeasance,manipulations and LYING were intentional.
they never truly sought and indictment but rather a no-indict.which is a perversion of the system and goes against the basic principles of due process,equality and justice.
and now we will never know and neither do you bob.
this will never see the inside of a court and the rule of law has been raped by these two district attorneys.
so you can armchair lawyer all you like.it is meaningless in a system that has been so thoroughly corrupted and you cheer like a 12 yr old tween at a beiber concert.
glad someone is dead?
you should feel shame not pride.
a boy is dead and the system has been perverted.
there is nothing to be proud of...nothing.
@dannym3141
@Asmo
@newtboy
Just asking for the current Law on the books. no more no less. Odonnell seems quick to point out the misgivings ( ie slight of hand trick) from the DA but to be fair reporter of facts he should give the current actual law. It does matter. With out it she is just stoking the fire and you all are sucking it up.
Brown's blood was on Officer Wilson's gun (a Sig Sauer P229) and on the inside of his police vehicle.
He ran away then stopped turned around and came back to the cop and started charging and finally wend down 8 - 10 feet from the cop.
The cop was justified. I am glad the kid is dead.
Mystic95Zsays...Its a shame when anyone dies, but when dealing with a police officer its best to comply and complain after... If you resist it will not go well.
albrite30says...This needs a twitter movement. #disbarkalizadeh
speechlesssays...Disbarring one attorney won't matter or make any difference. The entire system needs to be changed so that local DA's are automatically assumed to have a conflict of interest since they must work closely on a daily basis with the local police. A federal agency should handle these cases.
This needs a twitter movement. #disbarkalizadeh
albrite30says...Agreed. However system changes start with small things slowly rolling into larger ones. Kind of like a snowball rolling down a hill until it becomes unstoppable.
Disbarring one attorney won't matter or make any difference. The entire system needs to be changed so that local DA's are automatically assumed to have a conflict of interest since they must work closely on a daily basis with the local police. A federal agency should handle these cases.
Snohwsays...ur country is shit
Grimmsays...*quality
siftbotsays...Boosting this quality contribution up in the Hot Listing - declared quality by Grimm.
robdotsays...The grand jury didnt indict because the cop was attacked by a man 6 feet tall and weighing 300 lbs, who forced him to shoot him..the whole hands up thing dont shoot was disproven by many witness's..
lantern53says...Is there a transcript from the GJ proceedings? Unless there is, all this speculation is simply...speculation.
Also, if all this speculation is true, then why doesn't Eric Holder file a civil rights complaint against Wilson?
Also, accusing someone who disagrees with you as a knuckledragger is being discriminatory to Neanderthals.
newtboysays...That's odd, because we've seen you make numerous definitive statements about exactly what happened in this case. Are you saying now that all your 'factual' statements about this case were really just speculation?! (because you could not have read the transcript yourself if you don't know if it exists)
If so, that's an improvement in my view. For my part, I have tried to be clear that my posts are my speculation based on available evidence (perhaps I have failed to be clear, but I made an effort). I was not there inside anyone's mind, so I can't KNOW anyone else's true viewpoint.
It is not speculation to say things were not handled in the normal methods for a grand jury. We know that definitively from what the DA said in his own press conference and from the evidence he presented (which reportedly IS publicly available information).
Also it's clear from the simple presentation/application of a law that was found unconstitutional 30 years ago, before he was even a lawyer. It wasn't a mistake, he had to search for that long removed law in law history books to even bring it up, it's not like he had ever used that law in the past and just didn't realize it was no longer law, it had not been law for 30 years. That's important, and clearly either clear disbar-able misconduct or complete disbar-able incompetence, I can't see a third possibility, if you do please enlighten me.
Civil rights cases take a long time to build before you take them to court, sometimes years, and sometimes it's impossible. In many cases, even though the CHARGE of a civil rights violation is true there's not enough proof of it to make a legal case, often (not always) due to the entire department closing ranks, hindering the federal investigation, and sometimes even destroying evidence. I think you know this.
We found another point of agreement. To me, when one jumps from disagreement on an idea to personal name calling, the name caller is admitting defeat in the debate and is just being a bad loser. I think most of us are guilty of that at one time or another, but some use it as an MO for life.
Is there a transcript from the GJ proceedings? Unless there is, all this speculation is simply...speculation.
Also, if all this speculation is true, then why doesn't Eric Holder file a civil rights complaint against Wilson?
Also, accusing someone who disagrees with you as a knuckledragger is being discriminatory to Neanderthals.
lantern53says...Enoch does it again...posts a totally irrelevant video. Why? Because if there were a case against Darren Wilson, the feds would have made it. He had a whole platoon of FBI agents trying to make a case against Wilson and they couldn't do it, simply because all the evidence backed Wilson's account. There was no 'hands up, don't shoot'. All total bullshit.
But enoch sounds like he was there, he knows everything about what happened.
If you want to make a case for removing that prosecutor, that's fine. She screwed up. Every rookie cop since Tenn v. Garner knows that you can't shoot a fleeing felon simply because they are fleeing.
However, FYI, you can shoot a fleeing felon if in your judgment the person poses a threat to other people and that threat is immediate.
Most of the posters here, I think, would prefer to watch a video of the proceedings a week later, than make a studied response, mostly based on their hatred of authority and misunderstanding of law and law enforcement.
Discuss...
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