Welcome to DU!
The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards.
Join the community:
Create a free account
Support DU (and get rid of ads!):
Become a Star Member
Latest Breaking News
General Discussion
The DU Lounge
All Forums
Issue Forums
Culture Forums
Alliance Forums
Region Forums
Support Forums
Help & Search
General Discussion
Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsShocking mistake in Darren Wilson grand jury
In the Rewrite, Lawrence looks at a major correction the assistant prosecutors had to make to the grand jury in the Michael Brown case. The asst
Full transcript of Lawrence O'Donnell's segment:
"Just before officer Darren Wilson testified before the Grand Jury investigating his killing of Michael Brown, assistant district attorney handling the case said this to the Grand Jurors..
Grand Jury Sept. 16, 2014| MS Alizadeh, Asst. prosecutor:
"I'm going to pass out to you all, you are all going to receive a copy of a statute, It is section 563.046, and it is, it says law enforcement officers use of force in making an arrest, And it is the law on what is permissible, what force is permissible and when in making an arrest by a police officer"
Lawrence O'Donnell's telling of it continues:
"The assistant DA Kathy Alizadeh then handed the Grand Jury a copy of a 1979 Missouri Law that was ruled unconstitutional by the united States Supreme Court in 1985. She was handing them something that had not been Law in Missouri during her entire legal career.
But it was helpful to officer Darren Wilson that the Assistant District Attorney handed the jury an old unconstitutional law which said incorrectly that it is legal to shoot fleeing suspects simply because they are fleeing. By handing the Grand Jury that unconstitutional Law the ADA dramatically lowered the standard by which Darren Wilson could be judged.
She was telling the Grand Jury with that document that Darren Wilson had the Right, the legal Right to shoot and kill Michael Brown as soon as Michael Brown started running away from him.
She was telling the Grand Jury that Darren Wilson didn't have to feel his life was threatened at all by Michael Brown. She was taking the hurdle that Darren Wilson had to get over in his testimony and flattening it. She was making it impossible for Darren Wilson to fail in front of this Grand Jury. She was doing all of that by handing the Grand Jury a so-called Law that has never been the Law of Missouri during her entire legal career.
The portion of the Missouri Law that says that a police officer is..
Chapter 563.064:
"..justified in the use of such physical force as he or she reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody."
..That was ruled unconstitutional by the US Supreme Court in 1985. It was legal to shoot and kill suspects in most states until the Supreme Court made it illegal in 1985 and everyone in law enforcement knows that. Everyone except the two ADA's who were presenting the evidence to the Jury in one of the most important cases of police use of Deadly Force in this country since 1985.
There is nothing more helpful the ADA could have done for officer Darren Wilson before; right before his testimony, than show that incorrect, outdated unconstitutional Law to the Grand Jury. The Grand Jury then listened to officer Wilson's testimony with the belief that anything he did to Michael Brown would be fully justified legally simply because Michael Brown at some point ran away, from officer Wilson.
There was a time when that's all you had to do in America to be legally shot and killed by a police officer; just run away from the officer. In those days American police were summarily executing people in the streets for suspicion of crimes that, if they were convicted for, they would not have gotten the death penalty, and in many case, not even gone to jail.
Kids jumping out of stolen cars and running away from cops could be, legally, shot in the back and killed in those days for a crime that obviously did not carry the death penalty. There was actually one case of a man who spit on a police officer, then ran away from the police officer and was legally shot and killed by the police officer. Spitting on a police officer was a crime in that state but it did not carry the death penalty,..unless you ran away from the officer.
The District Attorney's office allowed the Grand Jurors to travel back in time to the 'good ol' days' of American law enforcement when the cops could shoot people for running away. Before Darren Wilson was born; that's how far back in time they went. The ADA's did that by using the old unconstitutional Law as the window through which these Grand Jurors would evaluate Darren Wilson's conduct. The Grand Jury listened to the officers testimony believing that according to the law, Michael Brown did not have to pose any kind of threat to officer Wilson to justify officer Wilson shooting him dead.
Weeks after Officer Wilson testified; several weeks after that, just as the Grand Jury was about to consider what charges they might vote for, the ADA Kathy Alizadeh knew that she had better amend the record of these proceedings by introducing to the Grand Jury the real Law. The accurate Law on police use of Deadly Force in Missouri.
And so she told the Grand Jury..
http://www.dailykos.com/story/2014/11/28/1347938/-In-officer-Darren-Wilson-s-defense#
http://www.msnbc.com/the-last-word/watch/shocking-mistake-in-darren-wilson-grand-jury-364273731666
The system was rigged and showing an unconstitutional law to the grand jurors proves it.
We have a criminal justice system where innocent until you run out of money is the rule and plea bargains by the poor innocents is the result.
InfoView thread info, including edit history
TrashPut this thread in your Trash Can (My DU » Trash Can)
BookmarkAdd this thread to your Bookmarks (My DU » Bookmarks)
7 replies, 1323 views
ShareGet links to this post and/or share on social media
AlertAlert this post for a rule violation
PowersThere are no powers you can use on this post
EditCannot edit other people's posts
ReplyReply to this post
EditCannot edit other people's posts
Rec (9)
ReplyReply to this post
7 replies
= new reply since forum marked as read
Highlight:
NoneDon't highlight anything
5 newestHighlight 5 most recent replies
Shocking mistake in Darren Wilson grand jury (Original Post)
rafeh1
Nov 2014
OP
This would appear to be intentional, felonious conduct. The other possibility would be exceptional
Faryn Balyncd
Nov 2014
#2
But this was corrected for the grand jurors before they started deliberating, right?
Nye Bevan
Dec 2014
#6
Dont call me Shirley
(10,998 posts)1. Mistake? Or intentional?
The acts of the Prosecution were criminal. Somehow the prosecutors should be tried in a court of law.
Faryn Balyncd
(5,125 posts)2. This would appear to be intentional, felonious conduct. The other possibility would be exceptional
...ignorance exceeding the bounds of incompetence, combined with this being just the ticket for mis-framing the context in which the Grand Jurors heard the entire case.
That's my take, Shirley!
K&R
Dont call me Shirley
(10,998 posts)4. Yup
Wellstone ruled
(34,661 posts)3. The fix was in from the get go.
This seems to be some type of presentation with the implied idea,if someone catches this,oh well nothing here move along.
RobertEarl
(13,685 posts)5. I am reminded of a cartoon I saw this week
On that cartoon lay the body of one Michael Brown. And next to him lay the body of Lady Justice, her scales smashed on the road.
The lawyers in this case are laughing their asses off at the stunt they pulled.
There should be a new GJ empaneled and Lady Justice revived.
KingCharlemagne
(7,908 posts)7. "A new GJ empaneled' directed by a Special Prosecutor with NO TIES to
local law enforcement.
Nye Bevan
(25,406 posts)6. But this was corrected for the grand jurors before they started deliberating, right?
So the correct version of the law was fresh in their minds when they began deliberations?