National

Group Seeks New Grand Jury in Ferguson Police Shooting Case

Published

9 years ago

January 7, 2015

In this Nov. 24, 2014 photo, a protestor poses for a “hands up” photo in front of a burning building on West Florissant Ave. in Ferguson, Mo. Hands Up, Dont Shoot has become a rallying cry despite questions whether Michael Brown’s hands were raised in surrender before being fatally shot by a Ferguson police officer. (AP Photo/St. Louis Post-Dispatch, Christian Gooden, File)

JIM SALTER, Associated Press

ST. LOUIS (AP) - The NAACP’s Legal Defense and Educational Fund, citing “grave legal concerns,” is asking a Missouri judge to convene a new grand jury to consider charges against the Ferguson police officer who fatally shot 18-year-old Michael Brown.

The letter submitted Monday to St. Louis County Circuit Judge Maura McShane also asks for a special prosecutor to oversee the case and an investigation of the grand jury proceedings that ended in November with a decision not to charge Officer Darren Wilson.

Lawyers and other experts who analyzed grand jury transcripts for the fund raised concerns about the decision to allow a witness to provide false testimony, erroneous legal instructions to grand jurors, and “preferential treatment of Mr. Wilson by the St. Louis County Prosecuting Attorney’s Office,” said Sherrilyn Ifill, the fund’s president.

Wilson, who is white, fatally shot Brown, who was black and unarmed, on Aug. 9 in the St. Louis suburb of Ferguson. The shooting led to sometimes-violent protests that escalated again on Nov. 24 after McCulloch announced the grand jury decision.

Ed Magee, a spokesman for St. Louis County prosecutor Bob McCulloch, declined to comment Tuesday. Messages were left with Wilson’s attorney and the clerk for McShane.

Nine white and three black jurors heard more than 70 hours of testimony from about 60 witnesses.

McCulloch said he assigned prosecutors in his office to present evidence, rather than doing it himself, because he was aware of “unfounded but growing concern that the investigation might not be fair.” McCulloch’s father was a police officer killed by a black suspect. He did not recuse himself from the investigation despite some calls for him to do so.

In December, state Rep. Karla May, a St. Louis Democrat, called for an investigation of McCulloch after he said in an interview on KTRS Radio that some witnesses obviously lied to the grand jury.

He cited a woman who claimed to have seen the shooting but “clearly wasn’t present. She recounted a story right out of the newspaper” that backed up Wilson’s version of events, he told the radio station.

Allowing such false testimony “fatally compromises the fair administration of justice,” the fund wrote to the judge.

But Ric Simmons, a professor at The Ohio State University’s Moritz College of Law, said allowing witnesses to testify unfiltered may have simply been part of McCulloch’s effort to stay neutral. Grand jurors usually hear a shorter recounting of evidence that might be presented at trial, but the Ferguson grand jury heard more extensive testimony.

“I think charitably their reason for bringing in all the evidence was so they could say, ‘Look, we showed the grand jury everything, and let them make their own decision,'” Simmons said.

The fund also cited concern about faulty legal instructions initially given by assistant prosecutors. The information was later corrected, but jurors could have been confused, the fund said.

Also Tuesday, U.S. District Judge Carol Jackson in St. Louis extended for 45 days a temporary restraining order requiring Missouri police to give protesters the chance to disperse before tear gas is deployed. Attorneys for law enforcement agencies and protesters who are suing them said they were in settlement negotiations.

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Oakland Post: Week of April 17 – 23, 2024

The printed Weekly Edition of the Oakland Post: Week of April 17 – 23, 2024

Published

9 hours ago

April 19, 2024

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Barbara Lee

Congresswoman Barbara Lee Issues Statement on Deaths of Humanitarian Aid Volunteers in Gaza 

On April 2, a day after an Israeli airstrike erroneously killed seven employees of World Central Kitchen (WCK), a humanitarian organization delivering aid in the Gaza Strip, a statement was release by Rep. Barbara Lee (D-CA-12). “This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

Published

2 days ago

April 17, 2024

Oakland Post

Congresswoman Barbara Lee

By California Black Media

“This is a devastating and avoidable tragedy. My prayers go to the families and loved ones of the selfless members of the World Central Kitchen team whose lives were lost,” said Lee.

The same day, it was confirmed by the organization that the humanitarian aid volunteers were killed in a strike carried out by Israel Defense Forces (IDF). Prior to the incident, members of the team had been travelling in two armored vehicles marked with the WCF logo and they had been coordinating their movements with the IDF. The group had successfully delivered 10 tons of humanitarian food in a deconflicted zone when its convoy was struck.

“This is not only an attack against WCK. This is an attack on humanitarian organizations showing up in the direst situations where food is being used as a weapon of war. This is unforgivable,” said Erin Gore, chief executive officer of World Central Kitchen.

The seven victims included a U.S. citizen as well as others from Australia, Poland, the United Kingdom, Canada, and Palestine.

Lee has been a vocal advocate for a ceasefire in Gaza and has supported actions by President Joe Biden to airdrop humanitarian aid in the area.

“Far too many civilians have lost their lives as a result of Benjamin Netanyahu’s reprehensible military offensive. The U.S. must join with our allies and demand an immediate, permanent ceasefire – it’s long overdue,” Lee said.

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Commentary

Commentary: Republican Votes Are Threatening American Democracy

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day. We needed to know the blunt truth. The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

Published

3 days ago

April 16, 2024

Oakland Post

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening. That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

By Emil Guillermo

In many ways, it was great that the Iowa Caucuses were on the same day as Martin Luther King Jr. Day.

We needed to know the blunt truth.

The takeaway message after the Iowa Caucuses where Donald Trump finished more than 30 points in front of Florida Gov. De Santis and former South Carolina Governor Nikki Haley boils down to this: Our democracy is threatened, for real.

And to save it will require all hands on deck.

It was strange for Iowans to caucus on MLK day. It had a self-cancelling effect. The day that honored America’s civil rights and anti-discrimination hero was negated by evening.

That’s when one of the least diverse states in the nation let the world know that white Americans absolutely love Donald Trump. No ifs, ands or buts.

No man is above the law? To the majority of his supporters, it seems Trump is.

It’s an anti-democracy loyalty that has spread like a political virus.

No matter what he does, Trump’s their guy. Trump received 51% of caucus-goers votes to beat Florida Gov. Ron DeSantis, who garnered 21.2%, and former South Carolina Gov. Nikki Haley, who got 19.1%.

The Asian flash in the pan Vivek Ramaswamy finished way behind and dropped out. Perhaps to get in the VP line. Don’t count on it.

According to CNN’s entrance polls, when caucus-goers were asked if they were a part of the “MAGA movement,” nearly half — 46% — said yes. More revealing: “Do you think Biden legitimately won in 2020?”

Only 29% said “yes.”

That means an overwhelming 66% said “no,” thus showing the deep roots in Iowa of the “Big Lie,” the belief in a falsehood that Trump was a victim of election theft.

Even more revealing and posing a direct threat to our democracy was the question of whether Trump was fit for the presidency, even if convicted of a crime.

Sixty-five percent said “yes.”

Who says that about anyone of color indicted on 91 criminal felony counts?

Would a BIPOC executive found liable for business fraud in civil court be given a pass?

How about a BIPOC person found liable for sexual assault?

Iowans have debased the phrase, “no man is above the law.” It’s a mindset that would vote in an American dictatorship.

Compare Iowa with voters in Asia last weekend. Taiwan rejected threats from authoritarian Beijing and elected pro-democracy Taiwanese vice president Lai Ching-te as its new president.

Meanwhile, in our country, which supposedly knows a thing or two about democracy, the Iowa caucuses show how Americans feel about authoritarianism.

Some Americans actually like it even more than the Constitution allows.

About the Author

Emil Guillermo is a journalist and commentator. He does a mini-talk show on YouTube.com/@emilamok1.