National

Ferguson Grand Juror Sues to be Allowed to Talk About Case

Published

12 years ago

January 6, 2015

In this Dec. 1, 2014 file photo, students participating in a die lie on the cafeteria floor at Clayton, Mo., High School following a grand jury’s decision not to indict a white police officer who killed 18-year-old black Michael Brown. (AP Photo/St. Louis Post-Dispatch, Cristina Fletes-Boutte, File)

JIM SALTER, Associated Press

ST. LOUIS (AP) — A member of the grand jury that declined to indict a Ferguson police officer in the shooting death of 18-year-old Michael Brown contends in a lawsuit filed Monday that the prosecutor in the case has wrongly implied that all 12 jurors believed there was no evidence to support charges.

The American Civil Liberties Union filed the lawsuit on behalf of the unnamed juror, who wants to be allowed to talk publicly about the case but could face charges for doing so because of a lifetime gag order. The juror also says he or she came away with the impression that evidence was presented differently than in other cases, with the insinuation that Brown, not Officer Darren Wilson, was the wrongdoer. No grand jurors have spoken publicly about the case.

Brown, who was black, was unarmed when he was fatally shot after an Aug. 9 confrontation with Wilson, who is white. The shooting in the St. Louis suburb led to widespread unrest, including some protests that resulted in local businesses being burned and looted. Protests again turned violent Nov. 24, when St. Louis County prosecutor Bob McCulloch publicly announced that the grand jury investigating the case had decided there wasn’t enough evidence to indict Wilson. Wilson has since resigned from the department.

“In Plaintiff’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.

The suit was filed against McCulloch, who oversaw the investigation, because his office would be responsible for bringing charges against the juror. McCulloch’s spokesman, Ed Magee, said his office had not seen the lawsuit and declined immediate comment.

“Right now there are only 12 people who can’t talk about the evidence out there,” ACLU attorney Tony Rothert said. “The people who know the most — those 12 people are sworn to secrecy. What (the grand juror) wants is to be able to be part of the conversation.”

The suit also contends that legal standards in the case were discussed in a “muddled” and “untimely” manner. Jurors could have charged Wilson with murder or manslaughter, but nine of 12 would have needed to agree.

The suit does not seek to allow grand jurors in all Missouri cases to be free to discuss proceedings. But it argues that the Ferguson case was unique, and that allowing the juror to speak would be valuable to the national debate about race and police tactics that followed the shooting.

“The rules of secrecy must yield because this is a highly unusual circumstance,” Rothert said. “The First Amendment prevents the state from imposing a lifetime gag order in cases where the prosecuting attorney has purported to be transparent.”

After the decision was announced, McCulloch took the unusual step of releasing thousands of pages of witness testimony provided in secret to the grand jury. Grand jurors usually hear a condensed version of evidence that might be presented at trial, but the Ferguson grand jury heard more extensive testimony.

The panel — which included nine white and three black members — met on 25 separate days over three months, hearing more than 70 hours of testimony from about 60 witnesses, some of whom provided inconsistent versions of events. McCulloch acknowledged in a radio interview last month that some of the witnesses obviously lied to the grand jury.

Rothert said the grand jury convened in May and heard hundreds of other cases before devoting its attention to the Wilson case in August. The suit contends that McCulloch’s office handled the Wilson case far differently than the others, with “a stronger focus on the victim.”

Jim Cohen, associate professor at Fordham University Law School and a grand jury expert, said the lawsuit will add to concerns about how the case was handled.

“Believe me, there’s already more than a fair amount of skepticism about whether this process was fair, notwithstanding Mr. McCulloch’s cynical attempt to pretend that it was fair,” Cohen said.

Cohen believes the juror has a strong argument in the lawsuit.

“This matter has been discussed by virtually everybody in the universe with the exception of any person actually subjected to the presentation of evidence,” he said.

Last month, state Rep. Karla May, a St. Louis Democrat, asked a joint House and Senate committee to investigate whether McCulloch “manipulated” the grand jury. It wasn’t clear if the committee would take up that request. Messages were left Monday with May and state Sen. Kurt Schaefer, the committee’s chairman.

Oakland Post

Posts by Oakland Post

Up Next

Target Under Fire For Using White Model In ‘Annie’ Clothing Ads

Don't Miss

Judge Extends Order Limiting Missouri Police Use of Tear Gas

Oakland Post

Click to comment

Community

Four Candidates, Including Incumbent Barbara Lee, Qualify for Oakland Mayor’s Race

POST NEWS GROUP — Four candidates, including incumbent Mayor Barbara Lee, filed their papers to run for office by last Friday’s deadline, and the City Clerk issued a list this week of those who are qualified to run.

Published

29 minutes ago

August 15, 2026

bpusa-syndication

View of downtown Oakland, California and City Hall. iStock photo.

By Post Staff

The four mayoral candidates who will appear on the Nov. 3 ballot are:

Brenda Grisham. A business owner in East Oakland and public safety advocate, Grisham led the successful recall campaign against Alameda County District Attorney Pamela Price. As part of her platform, she pledges to work with local, state, and federal partners to secure stricter gun control measures and investments in community violence intervention programs.

Barbara Lee. A former congressional representative and state Assembly member, Lee was elected by voters in a special election last year for a two-year term. Now running for a four-year term, she points out that her administration achieved major successes in addressing some of the city’s major challenges, including balancing the city budget, dramatically reducing crime, and making significant inroads into homelessness and illegal dumping.

Mindy Pechenuk. An educator and activist, Pechenuk is a registered Republican and supporter of Lyndon LaRouche, who has been described by observers as a conspiracy theorist and cult leader. She ran unsuccessfully for mayor in last year’s special election and for the at-large council seat in 2024. She seeks to end Oakland’s police commission and MACRO and invest in more police while launching a new local war on drugs.

Julius Robinson. While little information is available so far about Robinson, he was quoted in a KTVU story about Thao’s recall, stating that people in Oakland want to come together as a community but lack infrastructure and leadership.

bpusa-syndication

Posts by bpusa-syndication

Black History

Oakland Observes Black August with Block Parties, Film Showings, Workshops

POST NEWS GROUP — Beginning in 1979 in San Quentin State Prison, the Black Guerrilla Family called for the remembrance of political prisoner George Jackson and his brother Jonathan Jackson who were assassinated in the early 1970s. George Jackson was considered a political prisoner in that it was the anti-Black justice system that led to his incarceration for armed robbery with a sentence of one year-to-life in 1960.

Published

3 hours ago

August 15, 2026

bpusa-syndication

George Jackson wrote two books: “Soledad Brother,” and “Blood in My Eye” before her was killed in an attempt to escape prison on Aug. 21, 1971.

By Jana Lang, Propel Youth Reporter

Study. Train. Fast. Fight.

These are the four tenets of Black August, a month dedicated to commemorating the sacrifices of political prisoners and Black revolutionaries in the struggle for Black liberation.

Observers are urged to study the history of the Black struggle for freedom, train their bodies for health and self-defense, fast to cleanse the mind, body, and spirit, and fight ongoing oppression alongside their communities and local political organizations.

Beginning in 1979 in San Quentin State Prison, the Black Guerrilla Family called for the remembrance of political prisoner George Jackson and his brother Jonathan Jackson who were assassinated in the early 1970s. George Jackson was considered a political prisoner in that it was the anti-Black justice system that led to his incarceration for armed robbery with a sentence of one year-to-life in 1960.

While in prison, George befriended fellow prisoner W.L. Nolen, who introduced him to the works of Karl Marx, Vladimir Lenin, Mao Zedong, and Frantz Fanon. This radicalization coupled with his experiences of violence while imprisoned led to him writing and publishing two books, “Soledad Brother” (1970), and “Blood in my Eye” (1972). In January of 1970, George and two other prisoners were charged with murdering a corrections officer at Soledad State Prison in Monterey County.

On Aug. 7, 1970, Jonathan Jackson burst into a Marin County courtroom armed with a shotgun to demand the freedom of the Soledad Brothers. He, along with the inmates he freed, was shot and killed while driving away. This involved one of the Black Panther Party’s most notable associates, Angela Davis, because the shotgun was registered in her name. She was later acquitted of charges of conspiracy, kidnapping, and murder in 1972.

On Aug. 21, 1971, George Jackson was assassinated by a corrections officer after attempting to escape and free other inmates. As a result, there were uprisings and protests within prisons all over the country that year, calling forth resistance against racial oppression and mass incarceration.

Since its outset, Black August has evolved across the country, taking many forms to honor this history and embody the four tenets.

In Oakland, the upcoming Black August Experience, hosted by Youth Alive! and the East Oakland Boxing Association (EOBA), is a free, family-friendly event celebrating the legacy of Black August. Activities include free food and drinks, a kids’ activity zone, interactive workshops, live cooking and boxing demonstrations, and more.

Happening on Aug. 21 from 4-8 p.m. at the EOBA Patio, Carolyn Flynn, director of administration at EOBA, said the event, in its second year, will be an opportunity to engage with people in person through food, shared space, and education.

“We do regular classes in education, and those are ongoing programs that we offer, but we wanted to have [an opportunity] for our neighbors to utilize this space.” Combined with Youth Alive’s work in community violence prevention and youth leadership, this event surely aims to bring the Oakland community together to capture what Black August means today.

Here are additional Black August events happening in Oakland:

Forum and Community Discussion hosted by the Oakland Liberation Center, 1499 Fruitvale Ave., Aug. 14, 7 p.m.

“George Jackson/San Quentin” Screening hosted by Nostalgic for Nothing Cinema at Moments Co-Op, 410 13th St., Aug. 16, doors at 6 p.m., show at 6:30 p.m. (Masks required and scent-free)

Commemorating the Struggle, Building the Altar for Liberation: Black August at Bandung Books, 2269 International Blvd., Aug. 23rd, 1-5 p.m.

Building Opportunities for Self-Sufficiency (BOSS), will host “Black August: The Arc of Liberation” at Oakland City Hall on Sat. Aug. 29, from 11 a.m. to 3 p.m.