I dont often agree with the comments expressed by Fox News Commentator Judge Andrew Napolitano. However, I find myself in much agreement with the Judges and the views expressed by even among the most conservative commentators, including Charles Krauthammer, who recently expressed outright shock at the action by the New York Grand Jury which issued a no-bill in the Eric Garner case. The Garner case involved an African American man who a few months ago was placed in a chokehold by a NYPD officer and who died shortly thereafter. Mr. Garners confrontation with the officer was captured on videotape wherein he repeatedly gasped that he was not able to breathe. I want to reiterate a couple of key points about grand jury presentation because this has been in the news much recently, Grand Juries exist to find only whether probable cause exists to charge an individual with a criminal offense. It is not a trial court. You as the target have no right to appear before a grand jury and if you do, you have no right to legal counsel to be at your side. The choke hold has been prohibited by the NYPD. Using the choke--especially in the situation posed by Mr. Garner, who was not attacking any officer, as per the videotape of the incident--is per se contrary to departmental policy. In my 32 years of experience as a lawyer--and one who has presented hundreds of cases to the Bexar County Grand Jury several years ago earlier in my career, I cannot be more emphatic on this point: the tape itself is probable cause to indict the officer. As the judge in this segment correctly points point--it may not have been for murder--but at the very least--criminally negligent homicide or Manslaughter. This case MUST go before a different grand jury. A grand jury only determines probable cause. I have submitted cases to a grand jury which were rejected by previous grand juries in my career. This happens frequently. This case should trouble all Americans--no matter your political views.
Posted on: Fri, 05 Dec 2014 13:33:39 +0000
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