Tuesday, November 25, 2014 12:23:49 AM
Here Is How The Prosecutor Described The Michael Brown Shooting
AP Photo / Huy Mach
By Dylan Scott Published November 24, 2014, 10:36 PM EST 16 Comments
In announcing Monday that Ferguson, Mo., police officer Darren Wilson would not be charged in the Aug. 9 death of Michael Brown, St. Louis County prosecutor Bob McCulloch provided the most detailed account yet of what led to the shooting and the shooting itself.
McCulloch emphasized that the grand jury had heard from witnesses who had not spoken to the press and reviewed the entirety of the physical evidence. "They are the only people who have heard and examined every witness and every piece of evidence," he said.
This is the version of events that McCulloch gave Monday night while announcing the grand jury's decision.
At 11:45 p.m. CT on Aug. 9, Wilson responded to a call at an apartment complex about an infant who was having trouble breathing. At 11:53 a.m. CT, Wilson heard a police radio broadcast about a convenience store robbery in progress.
Wilson left the apartment complex around that time and heard a description of the suspect, who was Brown. As Wilson was driving down the street, he encountered Brown and his friend. Wilson slowed or stopped his car and told them to move to the sidewalk. "Words were exchanged," as McCulloch put it Monday, and Brown and his friend continued to walk down the street.
Wilson then radioed that he needed his assistance and backed up his car to block their path. An altercation then took place at the police car with Wilson seated inside and Brown standing outside the driver's side window. Two shots were fired during that initial part of the altercation. The altercation was described as a "tussle" or "tug-of-war" by witnesses. Some said that Brown had punched Wilson. Wilson had some swelling and redness to his face after the shooting, McCulloch said.
Brown ran and Wilson chased him. Brown then stopped and moved toward Wilson, several more shots were fired and Brown was fatally injured. What happened between the altercation and the fatal shots varied some depending on the witness, McCulloch said.
Some witnesses said that Wilson fired at Brown as he chased him. Others said that Wilson did not fire until Brown turned to face him and moved toward him. One witness said that Brown went at Wilson at "full charge." Most said that Wilson shot at Brown as Brown moved toward him.
Some witnesses said that Brown did not move toward Wilson and had his hands raised, but McCulloch said that "many" of those witnesses later admitted that they did not actually see the shooting. Some witnesses described Brown's hands as raised, others said that they were in front of his chest or clenched in fists.
A total of 12 shots were fired. Brown was shot at least six times. The entire incident lasted less than 90 seconds.
[.. one of the comments .. ]
[Informed] Informed 1h
I don't have a problem with the fact that the Grand Jury did not return an indictment, but I do have a problem with the way the prosecutor went about this. As a former federal prosecutor, I indicted my fair share of people, and I never did it like this. First, I have never heard of a prosecutor presenting a Grand Jury with a bunch of possible charges and just leaving it up to the Grand Jury to decide which, if any, charges apply. A Grand Jury needs more guidance than that from the prosecutor, and, when a prosecutor actually wants to get an indictment, then the prosecutor provides that guidance. Second, I have never heard of the person who is the target of the indictment testifying before the Grand Jury. I would love to see the transcript of that testimony, because I'm betting there was no genuine cross-examination. I'm betting the officer was simply allowed to tell his story unchallenged by the prosecutor. Maybe there is not enough evidence to indict; I really don't know. But what I do know is that this prosecutor never intended to get an indictment. They say you can indict a ham sandwich, which is basically true. If so, then this would have to be the most incompetent prosecutor in history, or perhaps the more reasonable explanation is that he wasn't really trying to get an indictment.
http://talkingpointsmemo.com/news/michael-brown-shooting-description-ferguson-prosecutor
Earlier today in wondering how the grand jury wsa selected i had
read this one which also mentions some of the comment above
Ferguson grand jury is notable in several ways
12 Comments
Michael B. Thomas/AFP/Getty Images
A demonstrator blocked a car in Ferguson, Mo., Friday.
By David A. Lieb Associated Press November 22, 2014
JEFFERSON CITY, Mo. (AP) — Not much is normal about the Missouri grand jury responsible for deciding whether to charge a suburban St. Louis police officer for fatally shooting Michael Brown.
Not the length of deliberations, not the manner in which it has heard evidence, not the way in which its work could be made public. Then again, the case itself is unusual.
Ferguson Police Officer Darren Wilson, who is white, shot the black unarmed 18-year-old shortly after noon on Aug. 9 in the center of a street, after some sort of scuffle occurred between them. As Brown’s body lay there for hours, an angry crowd gathered. Riots and looting occurred the next night. In the following days, police responded with tear gas and smoke canisters as some protesters threw rocks and Molotov cocktails.
Around noon on Friday, a spokesman for St. Louis County Prosecutor Bob McCulloch told reporters that jurors were reviewing evidence as they weigh whether to indict officer Darren Wilson.
Five hours later, Ed Magee declined to say whether the panel was still meeting.
The time, date and place for a news conference announcing the decision has not been decided, Magee said.
The Associated Press spoke with a veteran prosecutor and criminal defense attorney in Missouri about the typical grand jury process — and the ways the Brown case is far from the norm.
Extra time
At the time of Brown’s shooting, a St. Louis County grand jury already had been hearing cases and was scheduled to disband Sept. 10. In one of the first indications that Brown’s case would be different, a judge extended the jurors’ service until January, the maximum amount of time allowed.
Whereas a typical case might be presented to a grand jury in a single day, this case has stretched over three months.
No specific charge
It’s fairly common in Missouri for a prosecutor to first file a complaint charging an individual with a crime, then go later to a grand jury asking it to indict the person for that offense. In this case, St. Louis County Prosecutor Bob McCulloch hasn’t publicly suggested any particular charge against Wilson.
Numerous witnesses
Often, a grand jury hears testimony from just one or a few people, such as police investigators who summarize physical evidence and statements they’ve gathered from witnesses. In this case, McCulloch has said ‘‘all witnesses with any relevant evidence’’ were being summoned to testify.
Types of witnesses
Typically, a prosecutor presents only witnesses who would aid his quest for an indictment. The target of the inquiry does not typically testify. But Wilson testified to the grand jury considering charges against him. Grand jurors also heard from a forensic expert hired by Brown’s family — unusual because such testimony typically comes only from government sources.
Record keeping
There often is no record of exactly what’s said in Missouri grand juries. That’s because only the jurors, witness and prosecutor are in the room. In this case, however, McCulloch’s office has said the proceedings are being recorded and transcribed.
Secrets made public
What’s said in a grand jury typically remains secret under Missouri law, though when an indictment is issued, the evidence can be aired at a trial. If Wilson is not indicted, McCulloch says he will ask a judge for permission to publicly release the grand jury evidence as soon as possible.
Trust or skepticism
Opinion is divided about whether the unusual aspects of this grand jury will inspire trust or skepticism.
Platte County Prosecutor Eric Zahnd, a past president of the Missouri Association of Prosecuting Attorneys, believes the differences are beneficial.
‘‘At the end of the day, whether Officer Wilson is indicted or not, it’s important that the public have confidence that the system worked as it should,’’ Zahnd said. ‘‘For that reason, the grand jury going above and beyond the norm is very, very appropriate.’’
Susan McGraugh, supervisor of the Criminal Defense Clinic at the Saint Louis University School of Law, said all the exceptions to the norm appear to be heightening tensions among residents, particularly among racial minorities who believe they’re treated differently by police.
The police officer is ‘‘getting a whole special grand jury process,’’ McGraugh said. ‘‘I think it really adds to the consternation — you know, the frustration — that people are feeling.’’
http://www.bostonglobe.com/news/nation/2014/11/22/ferguson-grand-jury-notable-several-ways/2SeN7rIr0hY8r79qwhExjK/story.html
AP Photo / Huy Mach
By Dylan Scott Published November 24, 2014, 10:36 PM EST 16 Comments
In announcing Monday that Ferguson, Mo., police officer Darren Wilson would not be charged in the Aug. 9 death of Michael Brown, St. Louis County prosecutor Bob McCulloch provided the most detailed account yet of what led to the shooting and the shooting itself.
McCulloch emphasized that the grand jury had heard from witnesses who had not spoken to the press and reviewed the entirety of the physical evidence. "They are the only people who have heard and examined every witness and every piece of evidence," he said.
This is the version of events that McCulloch gave Monday night while announcing the grand jury's decision.
At 11:45 p.m. CT on Aug. 9, Wilson responded to a call at an apartment complex about an infant who was having trouble breathing. At 11:53 a.m. CT, Wilson heard a police radio broadcast about a convenience store robbery in progress.
Wilson left the apartment complex around that time and heard a description of the suspect, who was Brown. As Wilson was driving down the street, he encountered Brown and his friend. Wilson slowed or stopped his car and told them to move to the sidewalk. "Words were exchanged," as McCulloch put it Monday, and Brown and his friend continued to walk down the street.
Wilson then radioed that he needed his assistance and backed up his car to block their path. An altercation then took place at the police car with Wilson seated inside and Brown standing outside the driver's side window. Two shots were fired during that initial part of the altercation. The altercation was described as a "tussle" or "tug-of-war" by witnesses. Some said that Brown had punched Wilson. Wilson had some swelling and redness to his face after the shooting, McCulloch said.
Brown ran and Wilson chased him. Brown then stopped and moved toward Wilson, several more shots were fired and Brown was fatally injured. What happened between the altercation and the fatal shots varied some depending on the witness, McCulloch said.
Some witnesses said that Wilson fired at Brown as he chased him. Others said that Wilson did not fire until Brown turned to face him and moved toward him. One witness said that Brown went at Wilson at "full charge." Most said that Wilson shot at Brown as Brown moved toward him.
Some witnesses said that Brown did not move toward Wilson and had his hands raised, but McCulloch said that "many" of those witnesses later admitted that they did not actually see the shooting. Some witnesses described Brown's hands as raised, others said that they were in front of his chest or clenched in fists.
A total of 12 shots were fired. Brown was shot at least six times. The entire incident lasted less than 90 seconds.
[.. one of the comments .. ]
[Informed] Informed 1h
I don't have a problem with the fact that the Grand Jury did not return an indictment, but I do have a problem with the way the prosecutor went about this. As a former federal prosecutor, I indicted my fair share of people, and I never did it like this. First, I have never heard of a prosecutor presenting a Grand Jury with a bunch of possible charges and just leaving it up to the Grand Jury to decide which, if any, charges apply. A Grand Jury needs more guidance than that from the prosecutor, and, when a prosecutor actually wants to get an indictment, then the prosecutor provides that guidance. Second, I have never heard of the person who is the target of the indictment testifying before the Grand Jury. I would love to see the transcript of that testimony, because I'm betting there was no genuine cross-examination. I'm betting the officer was simply allowed to tell his story unchallenged by the prosecutor. Maybe there is not enough evidence to indict; I really don't know. But what I do know is that this prosecutor never intended to get an indictment. They say you can indict a ham sandwich, which is basically true. If so, then this would have to be the most incompetent prosecutor in history, or perhaps the more reasonable explanation is that he wasn't really trying to get an indictment.
http://talkingpointsmemo.com/news/michael-brown-shooting-description-ferguson-prosecutor
Earlier today in wondering how the grand jury wsa selected i had
read this one which also mentions some of the comment above
Ferguson grand jury is notable in several ways
12 Comments
Michael B. Thomas/AFP/Getty Images
A demonstrator blocked a car in Ferguson, Mo., Friday.
By David A. Lieb Associated Press November 22, 2014
JEFFERSON CITY, Mo. (AP) — Not much is normal about the Missouri grand jury responsible for deciding whether to charge a suburban St. Louis police officer for fatally shooting Michael Brown.
Not the length of deliberations, not the manner in which it has heard evidence, not the way in which its work could be made public. Then again, the case itself is unusual.
Ferguson Police Officer Darren Wilson, who is white, shot the black unarmed 18-year-old shortly after noon on Aug. 9 in the center of a street, after some sort of scuffle occurred between them. As Brown’s body lay there for hours, an angry crowd gathered. Riots and looting occurred the next night. In the following days, police responded with tear gas and smoke canisters as some protesters threw rocks and Molotov cocktails.
Around noon on Friday, a spokesman for St. Louis County Prosecutor Bob McCulloch told reporters that jurors were reviewing evidence as they weigh whether to indict officer Darren Wilson.
Five hours later, Ed Magee declined to say whether the panel was still meeting.
The time, date and place for a news conference announcing the decision has not been decided, Magee said.
The Associated Press spoke with a veteran prosecutor and criminal defense attorney in Missouri about the typical grand jury process — and the ways the Brown case is far from the norm.
Extra time
At the time of Brown’s shooting, a St. Louis County grand jury already had been hearing cases and was scheduled to disband Sept. 10. In one of the first indications that Brown’s case would be different, a judge extended the jurors’ service until January, the maximum amount of time allowed.
Whereas a typical case might be presented to a grand jury in a single day, this case has stretched over three months.
No specific charge
It’s fairly common in Missouri for a prosecutor to first file a complaint charging an individual with a crime, then go later to a grand jury asking it to indict the person for that offense. In this case, St. Louis County Prosecutor Bob McCulloch hasn’t publicly suggested any particular charge against Wilson.
Numerous witnesses
Often, a grand jury hears testimony from just one or a few people, such as police investigators who summarize physical evidence and statements they’ve gathered from witnesses. In this case, McCulloch has said ‘‘all witnesses with any relevant evidence’’ were being summoned to testify.
Types of witnesses
Typically, a prosecutor presents only witnesses who would aid his quest for an indictment. The target of the inquiry does not typically testify. But Wilson testified to the grand jury considering charges against him. Grand jurors also heard from a forensic expert hired by Brown’s family — unusual because such testimony typically comes only from government sources.
Record keeping
There often is no record of exactly what’s said in Missouri grand juries. That’s because only the jurors, witness and prosecutor are in the room. In this case, however, McCulloch’s office has said the proceedings are being recorded and transcribed.
Secrets made public
What’s said in a grand jury typically remains secret under Missouri law, though when an indictment is issued, the evidence can be aired at a trial. If Wilson is not indicted, McCulloch says he will ask a judge for permission to publicly release the grand jury evidence as soon as possible.
Trust or skepticism
Opinion is divided about whether the unusual aspects of this grand jury will inspire trust or skepticism.
Platte County Prosecutor Eric Zahnd, a past president of the Missouri Association of Prosecuting Attorneys, believes the differences are beneficial.
‘‘At the end of the day, whether Officer Wilson is indicted or not, it’s important that the public have confidence that the system worked as it should,’’ Zahnd said. ‘‘For that reason, the grand jury going above and beyond the norm is very, very appropriate.’’
Susan McGraugh, supervisor of the Criminal Defense Clinic at the Saint Louis University School of Law, said all the exceptions to the norm appear to be heightening tensions among residents, particularly among racial minorities who believe they’re treated differently by police.
The police officer is ‘‘getting a whole special grand jury process,’’ McGraugh said. ‘‘I think it really adds to the consternation — you know, the frustration — that people are feeling.’’
http://www.bostonglobe.com/news/nation/2014/11/22/ferguson-grand-jury-notable-several-ways/2SeN7rIr0hY8r79qwhExjK/story.html
It was Plato who said, “He, O men, is the wisest, who like Socrates, knows that his wisdom is in truth worth nothing”
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