If McCulloch wanted to, he could present evidence in the case to a new grand jury and seek an indictment of Wilson. Although a constitutional protection known as “double jeopardy” says you can’t be tried for the same crime twice, the provision has not yet been triggered since Wilson was never even charged. Of course, McCulloch would never pursue new charges because — as he made clear in his press conference — he vehemently believes Wilson is innocent. It is McCulloch’s vocal allegiance to the defendant that has caused many legal experts to question the process. So in order for the evidence to be presented to a new grand jury, a new prosecutor would have to be appointed. Missouri Governor Jay Nixon has the power to appoint a special prosecutor for the case. But Nixon, through a spokesman, said he would not appoint one. Most people have treated this as the end of the story. It’s not.
Posted on: Tue, 02 Dec 2014 23:11:08 +0000
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