There have been multiple irregularities in the grand jury proceedings regarding Darren Wilson, who shot Michael Brown when both eye witnesses and forensic evidence suggest he was attempting to surrender. The case was handled improperly in order to protect Wilson from facing a fair trial, with the prosecutor essentially acting as the defense for Darren Wilson. There were also irregularities in how the evidence was handled and in the directions given to members of the grand jury. Prosecutor Robert McCulloch has admitted to using testimony from people he knew were lying in defense of Wilson.
It is important in a case such as this for there to be a fair and open trial, in which the evidence can be reviewed, witnesses are cross examined, and there is public record of the proceedings. Following all the irregularities in the Ferguson case, we now have a member of the grand jury who is suing to be allowed to talk about the hearing, stating that McCulloch has misled the public about the case:
The grand juror, referred to only as “Grand Juror Doe” in the lawsuit, takes issue with how McCulloch characterized the case. McCulloch released evidence presented to the grand jury and publicly discussed the case after the grand jury decided not to indict Wilson, then a Ferguson police officer, in the shooting death of Michael Brown, an 18-year-old African-American.
“In [the grand juror]’s view, the current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges,” the lawsuit says. “Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with [Doe]’s own.”
“From [the grand juror]’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury,” the lawsuit states. Doe also believes the legal standards were conveyed in a “muddled” and “untimely” manner to the grand jury.
In the lawsuit filed Monday in federal court, the American Civil Liberties Union of Missouri argues that this case is unique and that the usual reasons for requiring the jurors to maintain secrecy should not apply.
In this specific case, “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment,” the lawsuit says, adding that allowing the juror to speak would contribute to a discussion on race in America.
As the grand juror points out in the lawsuit, the Wilson case was handled in a very different manner than other grand juries. Instead of recommending a charge, McCulloch’s office presented thousands of pages worth of evidence and testimony before the grand jury. At one point, McCulloch’s spokesman characterized the grand jury as co-investigators.
“From [Doe]’s perspective, although the release of a large number of records provides an appearance of transparency, with heavy redactions and the absence of context, those records do not fully portray the proceedings before the grand jury,” the lawsuit says.
There is also another action which could lead to further investigation of this case. The NAACP Legal Defense Fund wrote a letter to Missouri Judge Maura McShane asking her to investigate Ferguson prosecutor Bob McCulloch and his team for misconduct. More on this story here.
Updated from a post at Liberal Values