Regarding the pending decision on the Mike Brown Shooting by Officer Darren Wilson: There is a lot of confusion and misinformation here and in the Press about what a Grand Jury in St. Louis County, Missouri is and does. And, what this particular Grand Jury is uniquely being asked to do (it may be the first time ever in any jurisdiction in such a case). I will try to clarify: 1) The Grand Jury is not like a regular Criminal Case Jury. Members are chosen randomly BUT they must be available for 16-20 weeks, usually just on Wednesday in St. Louis County, BUT they must have flexibility without being able to tell their employer the case or when they may have to come in with much advance notice. Virtually no employer pays for such extended service (or allows such inflexibility) so members tend to be retired or not in desperate need of regular work hours. The self-employed and sales folks are routinely exempted. This has an effect on their judgement and the ability of the Prosecutor to schedule them as a juror may be selected who cannot serve on weekends, etc. 2) Grand Juries are empaneled for a Judicial term (3 a year in St. Louis County). They are not chosen for a single case and often hear many simultaneously. 3) The Grand Jury does not reach a verdict. It does not decide whether a defendant is guilty or not. It merely decides whether there is enough evidence to proceed to trial. A vote for a trial is called a True Bill. A vote against a trial is called a No True Bill. A vote of 9 of 12 is required for a True Bill. Anything less is a No True Bill. 4) Prosecutors usually use Grand Juries to protect themselves politically from unpopular decisions because everything that happens inside the Grand Jury is secret. And, they alone, are in charge. There are no defense attorneys present except when their client is there (and they cant object or cross examine). No evidence is presented except what the Prosecutor offers. As a result Grand Juries generally do what the Prosecutor wants. Hence the common saying A Grand Jury will indict a Ham Sandwich. To say the Grand Jury is generally in the dark and uninformed as to the law is an understatement. 5) In the specific case of Officer Darren Wilson, County Prosecutor (read District Attorney or States Attorney in other States) Bob McCulloch (whose police officer father was gunned down and has repeatedly refused to investigate many questionable police shootings) decided not even to tell the Grand Jury what charge to consider. Remember he, and only he, decides what they hear and see. The possible charges range from First Degree Murder to Involuntary Manslaughter. McCulloch knows they are not trained in what charges are applicable and likely to be charged. So this Grand Jury is taking its time according to the ignorant. No. They only meet on Wednesday and worked more than that. They have been led around in the dark to protect Bob McCullochs and a Missouri Governor Jay Nixons future political hopes. Never have I seen a more transparent abdication of justice by any elected official. Governor Nixon should have replaced him with a special prosecutor but is afraid of the backlash So we head into the abyss. Created by the worst of political hacks with no political futures. They care not if our cities burn.
Posted on: Mon, 24 Nov 2014 07:57:59 +0000
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