Nov 25, 2014

UPDATE: Cop got a PASS from the Prosecutor. The DA should RESIGN...Cop needs to go to public trial!

This case clearly shows the secret Grand Jury system should not be used for police misconduct cases...and local prosecutors, who are too police-friendly, should not be prosecuting.

St. Louis County Prosecutor Bob McCulloch
It was clear Ferguson's justice system gave Wilson a pass. .. and the prosecutor set it up so he wouldn't have to get his hands dirty.


No wonder police think they can get away with misconduct!  Wilson should have just gone to trial...there was plenty of probable cause. And there was NO cross examination. This was not a justice system in play here and McCulloch clearly did not want an indictment.  So of course, he didn't get one.

Is it fair to suggest that he got the cop off all right, but at what political cost to himself?  Let's see how voters in St. Louis County deal with this partisan prosecutor.  Vote him out or support him based on racial lines in St Louis County?

 The feds need to do this...police/prosecutors simply can't police/prosecute their own. Everyone should stop their bigotry and realize that America needs to take better steps to prevent government abuse. The system failed, no matter whether the cop was justified or not.

OH.. PARTY POLITICS?  Republicans need to figure out whose side are they on.    Police-state government, more heavy-handed government?    Or much LESS!  Ya just can't have it both ways!  Where are you tonight, libertarians?



Aside from our personal BIASES, now the LEGAL ANALYSIS comes...

Justice Scalia... who's hardly one of my favorite Supremes... saying the prosecutor turned the Grand Jury concept on its head, failing to do his duty-- clear back in'92!


Justice Antonin Scalia, in the 1992 Supreme Court case of United States v. Williams, explained what the role of a grand jury has been for hundreds of years.
It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented.
ThinkProgress Wednesday explains what that means in THIS case...
 In contrast, McCulloch allowed Wilson to testify for hours before the grand jury and presented them with every scrap of exculpatory evidence available. In his press conference, McCulloch said that the grand jury did not indict because eyewitness testimony that established Wilson was acting in self-defense was contradicted by other exculpatory evidence. What McCulloch didn’t say is that he was under no obligation to present such evidence to the grand jury. The only reason one would present such evidence is to reduce the chances that the grand jury would indict Darren Wilson.


Thinking about it today...
MAKE IT RIGHT!   THE PROSECUTOR SHOULD RESIGN HIS OFFICE Or Bind the cop over for trial and let a Special Prosecutor handle it.
Yes, let someone not so partisan to just take the COP to COURT. A miscarriage of justice was clearly committed by the cop-loving prosecutor who should have excluded himself if he actually respected JUSTICE.

MCULLOUGH NEEDS TO MAKE IT RIGHT... HE HAS THE POWER TO IGNORE the Grand Jury and CHARGE THE OFFICER IN REAL COURT-- even if he mistakenly led the Grand Jury to not charge the cop... but he needs a special prosecutor who will do his JOB in the trial, even if McCullough can't bring himself to do it.

Is he man enough to do THE RIGHT THING  or should he be voted out of office?   St Louis... this is not over.  What are you going to do?

No comments: