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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsIt's amazing to me, how many ...
just accept former officer Wilson's uncontested recount of events ... and not a word of any witness that did not support Wilson's account.
This is WHY a trial was so important.
Cali_Democrat
(30,439 posts)are not angry with this grand jury decision. They say justice has prevailed in this case.
Funny dat.
malaise
(268,676 posts)Racists are racists
WinkyDink
(51,311 posts)whopis01
(3,491 posts)The poster said that people who are pleased with the Ferguson decision are also upset by the OJ decision.
That doesn't imply that people who are upset with with the OJ decision are happy with the Ferguson decision.
With that said, such broad statements are never going to be true 100% of the time - but your experience does not run counter to the poster's statement.
fadedrose
(10,044 posts)Some people will accept a GJ decision if it agrees with their opinion, but not with a GJ decision that does not.
whopis01
(3,491 posts)ALBliberal
(2,334 posts)Throughout that trial and I never understood why.
1StrongBlackMan
(31,849 posts)Response to 1StrongBlackMan (Reply #67)
ALBliberal This message was self-deleted by its author.
Voice for Peace
(13,141 posts)BlancheSplanchnik
(20,219 posts)I dont understand the connection, but it seems that there's a high percentage of football fans who are also right-wingy conservative.
Oh, I know, that's a big generalization, but that's how it seems from my observations.
Response to BlancheSplanchnik (Reply #133)
ALBliberal This message was self-deleted by its author.
Jamaal510
(10,893 posts)fadedrose
(10,044 posts)in the US, me, agreed with the OJ verdict. Never thought he did it. Don't bother telling me how dumb I am. I will never accept the civil trial verdict.
calimary
(81,091 posts)This was SO damn slanted and biased - from the get-go. They went all out to make sure this murder would walk free. That grand jury was a joke. That entire "examination" of the "facts" was a fraud. Only one side was presented. At least there WAS a prosecution in the OJ case - even while completely and ridiculously bungled. Here? There wasn't even a prosecution. The prosecutor was protecting the perpetrator. And there was NO ONE speaking for the victim. This was more one-sided than mitch mcconnell.
VanillaRhapsody
(21,115 posts)that the ONLY witness to a fight in the car....is Wilson himself....and he was never cross examined.
sunnystarr
(2,638 posts)VanillaRhapsody
(21,115 posts)My god....people come on get a grip on reality.....Dorian Johnson does not suppirt Wilsons story...
sunnystarr
(2,638 posts)BrotherIvan
(9,126 posts)And Wilson's fairy tale does not corroborate the physical evidence. Dorian Johnson's does. That is exactly why we need a trial. The news media keeps stating, and everyone just accepts, that Brown attacked Wilson for no reason and then charged into bullets. Not only is it so unlikely as to be impossible, it's pure fabricated bullshit.
1StrongBlackMan
(31,849 posts)reading Wilson's GJ testimony. http://apps.washingtonpost.com/g/page/national/read-darren-wilsons-full-grand-jury-testimony/1472/
There were a couple points where I flat out laughed that went, almost, completely unchallenged. The first place was Wilson's testimony that he ASKED Michael and Dorian, "{something to the effect of} Hey guys, what's wrong with walking on the side walk" before ASKING them to take it to the side walk. This testimony went unchallenged.
He, then, testified that Dorian said, "We're almost to our destination." And the prosecutor made a point of asking Wilson, whether those were Dorian's exact words, and Wilson answered that they were.
This struck me as odd, especially in light of 1) who, that has had an encounter with the police would believe that Wilson used those words ... asking gently for Michael and Dorian to "pretty please ... walk on the sidewalk"?
And who, that has spoke with a youngish, urban youth (read: young Black kid) would believe Dorian used that language? Who talks like that? Cops do!
Further, after you read through it, tell me the prosecutor did anything but present Wilson in anything but the most favorable light.
marym625
(17,997 posts)Those are the words Dorian Johnson used. He says it himself. He said it in a few interviews. It's probably the only thing that Wilson didn't lie about.
1StrongBlackMan
(31,849 posts)I'll have to go back and read Dorian's testimony ... I must have missed that part.
Do you recall whether the prosecutor asked Dorian, whether those were the words he used to the time ... as the prosecutor did with Wilson?
marym625
(17,997 posts)I read so much testimony and documents the last few days, I can't recall positively. I will try to find it.
marym625
(17,997 posts)Information on it.
1StrongBlackMan
(31,849 posts)that's not surprising as people clean up/dress up their language in official settings.
My question is, why would a prosecutor that is challenging many aspects of a witness' testimony not question unusual language of that witness; but confirm it with the accused?
marym625
(17,997 posts)Most likely to make Darren Wilson seem more reliable and his memory of the horrific event, good. "See, Darren Wilson remembers everything! Every word. And you know it's true because that is the word Dorian himself says he said. So Wilson is the truth teller. The god."
brush
(53,737 posts)That sounds exactly like copspeak to me.
marym625
(17,997 posts)Interview of Dorian Johnson (with Mike Brown duri :
1StrongBlackMan
(31,849 posts)I do not believe he said "destination" to Wilson ... (for the reasons I've stated, i.e., dressing up language in "official" settings vs. responding in the street).
marym625
(17,997 posts)I watched probably every interview with this kid and that's how he speaks. That first interview was just a day after and before he had an attorney. He's been pretty consistent and said his quotes are what was said.
brush
(53,737 posts)The word "destination" would not be commonly used in day-to-day conversation.
brush
(53,737 posts)Young black guys speak much more informally in day-to-day life.
Seems that was for the cameras.
marym625
(17,997 posts)But I do believe that was what he said. I have no problem believing it. Seems to be his manner of speech
heaven05
(18,124 posts)I believe he was capable of using that very word and did.
marym625
(17,997 posts)I was too chicken to
brush
(53,737 posts)Last edited Tue Dec 2, 2014, 07:45 PM - Edit history (1)
Of course he's capable of using the word, and he did correctly in front of the cameras. My point, like I said is, young black guys speak much more informally to each other.
And that's from experience.
And btw, how many other people use the word "destination" in every day speech instead of "I'm just going down the street, or I'm just going around the corner"?
People don't ask a friend: "What's your destination?"
They ask: "Where are you going?"
heaven05
(18,124 posts)I'm "experienced" in modern usage of the english language by the younger generation also. You don't know what Dorian Johnson said to wilsonthepig when wilsonthepig was rude and verbally abusive to thee two young men being young and walking probably carefree in the street. He is quite able to have used the word destination and contrary to your low regard for young Mr. Johnson's linguistic abilities, I will believe he answered wilsonthepig in that manner.
brush
(53,737 posts)I just posted that "of course he's capable of using the word "destination."
I have no "low regard" for his linguistic abilities as you say, I just know how people speak informally.
It's nothing more than that. Well, there is something more. I think Wilson lied to make himself look better when he said Johnson used the word in their confrontation. He didn't want it to come out that he himself initiated the confrontation by telling Johnson and Brown to "get the fuck on the sidewalk" instead of "guys, how about using the sidewalk?" And another reason is is that that word is just what cops used in their reports and event descriptions, even though Wilson, the killer, didn't file a report.
And let me ask you, it's no big deal, but do you use the word "destination" in day-to-day speech?
Be honest.
heaven05
(18,124 posts)but I have used it as say, on the radio coming into base camp, reporting that destination would be reached in however many minutes ect...ETA at destination when i was dispatcher, a friend of mind always asking what's the ETA at destination ect......for young Mr. Johnson to say we're almost at our destination does not seem too much of a stretch.....but I leave open the possibility that wilsonthepig used that description of the words used in his interaction with these two young black males that left one bullet riddled body executed and lying bleeding in the streets for five hours. Yep it's definitely a possibility that wilsonthepig was trying to dress up his murder scenario. I'll give you that.
brush
(53,737 posts)heaven05
(18,124 posts)maybe the same ballpark. Wilson using that word is a possibility as a way to show his limited ability to articulate a more than one or two syllable word. Dorian Johnson DID use the word and the proof is in the videos that were recorded very close to the incident that resulted in the execution of Michael Brown. I will never back away from that being a certainty.
brush
(53,737 posts)I just think it's unlikely that he used that word in the confrontation with Wilson.
Just as Wilson didn't say to them "Why not used the sidewalk, fellas" instead of "Get the fuck on the sidewalk."
You can continue with the argument as I thought we were on the same side in understanding that a murder was committed, but I'm done with this back and forth.
saying Young Mr. Johnson is not capable of formulating then articulating the word destination? Correct? Because he's part of the 'thug' group feared and hated as "demons", right? I think you're playing to the camera and you're showing your 'bad' side. Really.
heaven05
(18,124 posts)that young Mr. Johnson used that word destination in his response to wilsonthepig. People who say it's not an appropriate answer to come from a younger person to a person who was a police officer are wrong. All who question yor ability to think critically are wrong...and trying to obfuscate the issue that wilsonthepig murdered young Mr. Brown.....they really have broken all the straws they have reached for to proves wilsonthe pig did not execute this young black man while acting in the capacity of a racist, cowardly and fearful white man hiding behind his badge and 'authority'.....
NoJusticeNoPeace
(5,018 posts)truth about Brown "charging" at him because the head shots, the kill shots, were coming in at a downward angle, consistent with him "charging"
He forgets to mention the downward angle is ALSO consistent with what SEVERAL Witnesses said that Brown was injured, falling forward, surrendering when the kill shots occurred.
BrotherIvan
(9,126 posts)He used the loophole of the grand jury to give an illusion of a trial, and now idiots are using the word "exonerated." It is the most odious ploy I can even imagine. It's one thing for a prosecutor to be soft or incompetent at trial, which is bad enough. This was the DA purposely working to make sure Wilson was never charged, including handing a statute to jurors that said is was legal for a cop to shoot a fleeing suspect, which was ruled unconstitutional by the Supreme Court in 1985!!!!!
NoJusticeNoPeace
(5,018 posts)GJ what the error was, just that there was one.
FIX
BrotherIvan
(9,126 posts)I've been told the fix was legal. If it is, then that needs to be changed immediately. These prosecutors are complicit.
BrotherIvan
(9,126 posts)I wrote this post with an excerpt.
http://www.democraticunderground.com/10025880996
The ADA built up Wilson's story before he even testifies. Johnson did use the word "destination" but his entire testimony proves such things as why Wilson's car was at a strange angle, blocking traffic--because he backed up and almost hit Brown & Johnson. Why there was a struggle at the car, but no bruises on Wilson's face because Mike Brown was "punching him so hard it might be fatal." Instead, Wilson grabbed Brown by the neck and pulled him toward the car. Because there's no reason in the whole wide world why anyone but someone incredibly high would (which the toxicology report proved Brown was not) would attack a nice, polite policeman out of the blue. Especially someone unarmed. The whole grand jury was fixed from the beginning. I'm so mad about it, I can barely think about it without going ballistic.
chervilant
(8,267 posts)I had to listen to racist former co-workers discussing "poor Wilson," facing that "demon" who'd just committed a "strong-arm robbery." They sure know how to spout the racist propaganda they undoubtedly heard on FOX or in their churches.
BrotherIvan
(9,126 posts)I would certainly be fired for going off on idiots like that. Sorry you have to.
chervilant
(8,267 posts)And, I'm pretty sure it was because of my anti-racist stance. The guy who fired me couldn't give me a legitimate reason, so he just said "we're going in a different direction." I think that's code for "we're gonna find someone who'll tolerate/agree with our bigotry."
BrotherIvan
(9,126 posts)Bastards. I hope you find a much better place. Working with poisonous people really drags down the soul.
pipoman
(16,038 posts)This boils down to police immunity. Even police who break down the wrong door and kill someone are rarely if ever charged with a crime. They are given great latitude for human error and having to make immediate life and death decisions. If he believed for an instant, even erroneously, that Brown was trying to disarm him, he did exactly what every law enforcement training program would advise. ..which is the other standard, did he depart from established training practices? It's tough.
I don't believe his story completely. ..even without the police immunity it is a tough case...beyond a reasonable doubt that is...
Bandit
(21,475 posts)into an unarmed person? Don't they carry tasers anymore?
pipoman
(16,038 posts)Then there is the phenomenon of what happens to people once they begin shooting in a stress situation. ..more human error/condition
NoJusticeNoPeace
(5,018 posts)Sylvester Stallone movie, it is real life, and death.
And we better change just about everything when it comes to police.
ENTIRE communities have rules about not even talking to the police, how in the HELL Can we think this makes any sense at all!
pipoman
(16,038 posts)Statement to police if they are reporting a crime or was a witness to some incident. ..if they are being questioned as a suspect to decline, ask if they are under arrest...if so ask for a lawyer, if not, without another word, leave. It is the reality of the criminal justice system.
The concept of community policing has become a vacant talking point negated by the overused claim of "officer safety" which has become an excuse for abuse in any circumstances.
1StrongBlackMan
(31,849 posts)While that might be a "winning strategy" for some folks in America, it clearly is not one for others ... I speak from experience.
It's a shame that on a board where the disparity in treatment is discussed regularly, what you tell your children, coexists with what PoC tell their children ...
And what's worse ... liberals would not recognize how problematic that is.
pipoman
(16,038 posts)Of course what I wrote was only the very tip of the story. Other things included; keep your hands visible, don't speak unless spoken to, do as you're told, be patient, never touch a cop, never run from police. If there are others involved as in a car accident stand quietly by your car and let the other people involved swarm the cop, listen to everything said, wait for the officer to approach you, then calmly tell your story specifically disputing any inaccuracies you heard previously. If someone objects to something you say, shut up and let them speak then respond calmly addressing only the officer...never argue or address the other party no matter how shook up the person is....etc.
I spent many years dealing with police almost daily. ..hundreds of them with only a few bad results....and I was often in a position of adversity with them.
1StrongBlackMan
(31,849 posts)but understand ... your life experience (and that of your kids) is likely very different from those experiencing the disparity in treatment. Whereas, everything that you have suggested are reasonable, it does not affect the mentality of the cop that sees Black and sees "thug", at best, or criminal.
pipoman
(16,038 posts)If more people conducted themselves as I have described, regardless their race, there would be less problems. The reality is, people let their excitement, anger, rage, anxiety, etc control them, when the police arrive they create an out of control situation screaming, arguing, and everyone talking at once. The police's job is to get control of the situation. The more difficult people make that, the more the police escalate their authority. What we see on "Cops".. chaos. ..is what police walk into often.
None of this excuses racism in police. It does explain why society has granted police near blanket immunity for mistakes and errors in judgement.
heaven05
(18,124 posts)if that's what you desire to cover tracks, it's pretty simple actually. A murder/execution occurred and wilsonthepig was "exonerated". Pretty simple, for the prosecutor and the GJ, actually.
pipoman
(16,038 posts)Or we can acknowledge the necessity. We all make mistakes and have errors of judgment at work. In most professions mistakes and errors in judgements aren't life and death. In those professions that are, there are statutory allowances to hold those professionals harmless, at least from criminal prosecution and limitations of civil liability. If every morning you got ready for work you knew an error could put you in jail, would you do that job? How much would you require to be paid if you did? Reality....
heaven05
(18,124 posts)to say to rationalize executions in the streets if that is what you need, then fine. The color of the skin is the operative motivation for these who might "make a mistake or error in judgement" in a majority of cases like Michael Brown. Reality is, a persons skin color can cause them to be the victim of a summary execution, while a different lighter skin color can have them on the ground with hands behind their heads. Your reality is NOT everyone's reality. But privilege does color ones view I would say. So you're entitled to your rationalized reality concerning police and people of color, I live that reality every day. As far as "statutory allowances" , they know this and that's why it is so easy for them to pull a trigger on someone of color. Wilsonthepig and MANY like him are not professionals in any sense of the word except as an executioner/murderer. Period.
pipoman
(16,038 posts)We will never agree. If you agree we need law enforcement, what protections do we allow those willing to do this work?
Again, I noticed you failed to answer, what immunity/protection would you require to take a job like this? Without immunity/protection every time you had to make a split second decision which failure to make could result in your life and misjudgement could result in your loss of freedom, loss of retirement, loss of home, loss of your kids college fund?
No, you can't have it both ways.
heaven05
(18,124 posts)of many on here, lately. In a vicious, racist society like this one we do need police. But with restraints on what they can and cannot do in the "split second of decision". I know THEY ARE trained in how to make those decisions so you and your way of protecting murderers and executioners disguised as police is transparent and obvious. And being a vietnam vet, I know split second decision making. And while you claim I want it both ways, all I want is fair and balanced due process in our justice system, not bodies full of holes that any excuse will exonerate as justified, you want only your way. Allow all these racist police officers to stay on the street, murdering and executing people that they deem are "demons" and threats who were resisting and/or reaching into their waistband". You want it one way and that is that they continue murdering and executing. NO WE WILL NEVER AGREE!!!! I don't side with discounters of a serious policing problem nor enablers of those serious policing/racial problems. Stay in your la la land. You're too transparent and obvious to be taken seriously in the real world.
sunnystarr
(2,638 posts)I would have said go back to freeper land. There's been too many posers on DU lately and they get annoying. I get enough of that on open forums and they make me feel violated when they post here.
heaven05
(18,124 posts)have observed and felt the same way. In fact some on here make me shower I feel so filthy after reading their garbage.... seriously though, the world is full of them and never shall they win without a fight.
sunnystarr
(2,638 posts)I wouldn't mind if they were identified and blocked from DU - then we can lower our water bills lol.
pipoman
(16,038 posts)pipoman
(16,038 posts)You haven't a clue what I want because you're too busy accusing everyone of racism to engage in actual discussion.
heaven05
(18,124 posts)Last edited Tue Dec 2, 2014, 08:33 PM - Edit history (1)
you're excusing and enabling the racist. What other obvious conclusion about your words and racism enabling rationalizations is possible? You don't have to answer, it's NONE....
pipoman
(16,038 posts)is what you just witnessed. When it happens again tomorrow, it will be a no bill too. Just like every story you've ever heard about police kicking in the wrong door and killing an innocent person...no bill every time...why? Because of statutory immunity we have given police.
Notice that again I have not stated my opinion of this, only the reality of the situation.
heaven05
(18,124 posts)telling me, 'teaching me' anything I don't know. Police have wide ranging immunity ESPECIALLY when it comes to the execution, harassment and murder of people of color. I understand what you're saying and your opinion of this particular 'incident' with wilsonthepig murdering Michael Brown and getting exonerated for it by that so-called statutory immunity. This travesty WAS EXPECTED by many people using the simplest of critical thinking tools when it comes to white immunity for killing and murdering people of color. IT HAS ALWAYS been this way in the minority community. Your opinion can be surmised by your continued usage/explanation of why wilsonthepig was exonerated for murder. Your opinion needs to be stated openly, which I will not hold my breath waiting for. You're going to tell me the reality of why racists get a pass for murder......
heaven05
(18,124 posts)Last edited Tue Dec 2, 2014, 03:10 PM - Edit history (1)
to will never acknowledge reality. Too wrapped up in some fantasy world that actually is very dangerous and knows mo bounds.
Avalux
(35,015 posts)He said he was sick of hearing about it, and if that kid (Brown) hadn't been a thug, he wouldn't have been shot. I tried soooo hard to stay calm, looked him directly in the eye and said "why do you believe what Wilson said?". Of course his response was that Wilson was a cop and I replied that there are plenty of bad cops, the badge doesn't magically transform a person and sometimes it makes them worse.
I then said "you have sons, right?" (he does).
Then I went on to say "Wilson's response after the grand jury decision was all I need to know about what kind of person he is. Regardless of what went down, the words Wilson used to describe Brown were appalling and completely insensitive and disrespectful to Brown's grieving family. Wilson intentionally portrayed himself as a victim which is easy to do when the victim is dead, and clearly has zero remorse for the loss of life caused by his hands. Wilson had a platform to say whatever he wanted, unchallenged. What he chose to say did not represent a compassionate, honest man. How would you feel if he said those things about your dead son? Wouldn't you want a trial?
My coworker looked at me, I could see the wheels starting to turn, and then he changed the subject. Frustrating.
KingCharlemagne
(7,908 posts)since, as a parent, he should be more empathetic than most.
I've gotten to the point now when anyone uses the word 'thug' in the context of Mike Brown or the Ferguson Resistance, I simply accuse him or her of being a 'racist pig' and don't bother engaging any further. Because people who use the word 'thug' would be only too happy to use the "N-word," were there no taboo against using it. They default to "thug" as the substitute or code word for it.
Are there thugs? Yes. Will I discuss Mike Brown or Ferguson with anyone characterizing Mike Brown as a 'thug'? Fuck no.
Avalux
(35,015 posts)....ESPECIALLY because he used the word thug. When it was clear the parent angle didn't work and my coworker just wasn't capable of seeing Brown as a human being, I gave up. All he watches is Fox News anyway, so what did I expect?
It is more than sad, it's fucking tragic.
badtoworse
(5,957 posts)McCulloch stated that the GJ heard testimony from all of the witnesses, including those that did not support Wilson's version. Wilson told his story to the GJ and they asked him questions. I'm having trouble believing that 12 out 12 on a trial jury would convict when 9 out of 12 on the GJ couldn't find a basis to even indict.
I'm not aware of any facts the GJ did not have access to. Are you?
RobertEarl
(13,685 posts)You are "... not aware of any facts..."
And with that you should just log off, turn off your computer and hide.
Your support of justice being corrupted is quite a disgrace.
badtoworse
(5,957 posts)At the end of the day, the GJ acted on the evidence and they got all of it. Corrupted would mean that pertinent facts were withheld and that's not what happened.
RobertEarl
(13,685 posts)You should take my advice and log off.
Your idea that you know what happened is just garbage.
kwassa
(23,340 posts)The quality of the evidence wasn't ascertained because there was no challenge to it. Particularly Wilson's testimony.
this is a half-baked fake trial, choreographed by McCulloch to get Wilson out of an indictment.
NoJusticeNoPeace
(5,018 posts)RobertEarl
(13,685 posts)I have learned so much here over the years.
And the one main thing is that the more I learn the more I realize that there is so much more to be learned.
Welcome to DU... and watch out for my 'fan' club members. They will try to eat you. Heh.
As for me, I am but a small cog in the DU wheel. But thanks for the compliment!
jwirr
(39,215 posts)witnesses were contradictory and not remembering correctly. He discredited them before the GJ ever heard their testimony. Ask yourself if you would have believed them after that.
badtoworse
(5,957 posts)As a practical matter, that would have come up in a trial when the defense attorney would have ripped those witnesses apart
jwirr
(39,215 posts)badtoworse
(5,957 posts)If the witnesses on which the indictment is based will get shredded by the defense, what good are they? If McCulloch got an indictment based on testimony that the GJ did not know was tainted, what would he do in court? If he didn't use them in the trial, he'd have no case and if he did, the defense would make him look stupid. What would you have done?
jwirr
(39,215 posts)heard many of those witnesses talking on TV and they did not contradict each other to the extent that their testimony was useless. What he did was keep anyone who's story did not protect Wilson from testifying.
You can ignore it if you want but most of us here on DU heard their testimony. The GJ was not allowed to.
He acted as a defense lawyer not a prosecutor.
badtoworse
(5,957 posts)He said that some witnesses changed their testimony when the forensic evidence contradicted their version of what happened (e.g. statements that Brown was shot in the back when the autopsy confirmed that to be untrue) or witnesses who later admitted that they did not actually see what happened. Like it or not, witnesses like that would probably be more damaging than helpful to the prosecution's case in an actual trial.
jwirr
(39,215 posts)and the whole law enforcement system in Ferguson MO has not proved themselves all that reliable. It is hard to believe them.
President Obama yesterday talked about this not being just Ferguson MO and he is correct. There have been too many shootings of unarmed victims and the police using fear and lies to cover them up. Something has to be done about it. This cannot continue. Remember how we all talked about winning hearts and minds in the ME. Maybe we need to look at this idea in our own communities. Who is filling our jails?
badtoworse
(5,957 posts)R B Garr
(16,950 posts)and aimed his weapon at Brown when he was retreating, so those witnesses did have accurate accounts of what happened. All the bullets are not accounted for so they could have been shot at Brown's back as he was leaving, but they missed their mark.
Then there is the issue of the GJ getting an old statute saying that cops could shoot at fleeing suspects when that was not true because of a change in the law some 3 decades ago.
It's obvious that the DA wanted to cherry-pick what he would use from the witnesses to fit his agenda of not having Wilson stand trial.
1StrongBlackMan
(31,849 posts)Wilson told his story and the prosecutors asked him questions ... questions that were not designed to confront; but rather, questions that just helped the accused get his story out.
Question: Why would a prosecutor, at the beginning of questioning ask about Wilson's height and weight?
badtoworse
(5,957 posts)I was under the impression that they did. As far as the height and weight were concerned, I would say it goes to whether Brown, with his height and weight constituted a credible threat.
1StrongBlackMan
(31,849 posts)why should they? The prosecutor had been asking all the questions that got to all the important information for the past 10 months they had been seating, why would that change.
While the prosecutor told them "this is going to be a very different process", he should have add, "I'm turning this process on it's head ... It will be different primarily because in all of the previous cases I led you to the result I wanted ... an indictment. In this case, I will be leading you to the result I want, as well ... a No True Bill. You will have to find the evidence to indict on your own."
badtoworse
(5,957 posts)Personally, I think it's more accurate to say that McCulloch did not want to take the case to the GJ, but let's accept your framing (As a practical matter, there isn't much difference). The obvious question is why not. I can think of three possible answers:
1.) McCulloch considered the evidence and what various witnesses had to say, and believed Wilson's version of what happened. In other words he concluded that Wilson's use of deadly force was justified. Many people don't agree with that, but you have to concede it's possible that McCulloch believed that in good faith. If this is true, you cannot fault him for not wanting an indictment.
2.) McCulloch did not believe he had enough evidence to successfully prosecute Wilson. IMO, this scenario happens frequently and explains why it is rare for a GJ to return no true bill. If a prosecutor reasonably believes he doesn't have a case, he'd be wasting his time and the GJ's time seeking an indictment. Beyond that, if he did get an indictment, he might well look stupid in court when the defense shreds his case. Considering what McCulloch said about witnesses changing their testimony, this scenario is very plausible in my opinion. Would you honestly expect a prosecutor to seek an indictment for a case he believes he can't win?
3.) McCulloch believed Wilson had committed a crime, but chose to conduct the investigation in a way that would minimize the chances of an indictment. IOW, McCulloch just wanted to protect Wilson and placed no value on seeking justice for Brown. This, of course, is possible and if it's true, it would be an egregious corruption of the justice system.
None of can know what was actually in McCulloch's mind, but I think that what he said at the press conference can give an insight. Considering that testimony and evidence was released to the public, the feds were conducting their own investigation and were (I believe) present in the GJ room, I think it's reasonable to accept what McCulloch said as the truth. I watched the press conference and I believe that either 1.) or 2.) are much more likely than 3.). For 3.) to be credible, you'd have to believe that McCulloch would deliberately ignore or misrepresent evidence and testimony on a very high profile case with the Justice Department looking over his shoulder. I find it very hard to believe that's what actually happened. If it did happen that way, I would expect that the Justice Department would act and to date, they have not. For me, 3.) is out
I don't know whether 1.) or 2.) is the truth, but either would put McCulloch in a difficult position. Normally, if a prosecutor doesn't believe a crime has been committed or believes he can't win, he doesn't go the GJ. That wasn't an option in this case, so what could McCulloch do? IMO, the only option he had was to present everything and let the GJ decide.
The bit about telling the GJ he didn't want an indictment makes no sense. If he had actually done that, you and everyone would have been justifiably screaming about it (and the GJ would have asked why he was wasting their time).
I know that Black people face a lot of injustice and there is much work to be done in this area. The anger and disappointment is understandable, but this was a difficult case and looking at it objectively, I don't see how it could have played out differently.
1StrongBlackMan
(31,849 posts)who has NEVER seen an indictment worthy case where a cop did the shooting ... history, and my life's experience, does not afford me such faith.
Now, here's a teaching moment:
Please don't tell me that you possess the ability to view things "objectively"; while, I do/have not. It is insulting and makes everything you said before that, i.e., the anger and disappointment is understandable, patronizing.
badtoworse
(5,957 posts)You are one of the better posters on DU and I enjoy exchanging views with you.
1StrongBlackMan
(31,849 posts)I'm glad you were willing to hear the lesson. Whenever someone says they looked at something "Objectively"/"Dispassionately"/"Logically, or any such descriptor of their process, they are implying that those that disagree/see things different, did not.
I guess I'm sensitive to this because PoC (and women) get that a lot; but more, looking at things objectively, dispassionately, and logically, is what I do for a living ... even when I did not like where my inquiries take me!
jwirr
(39,215 posts)correction until the very end of the case.
KingCharlemagne
(7,908 posts)would Wilson's attorney ever allow Wilson to testify to the GJ at all, if he had not first received assurances that no indictment of his client would be forthcoming? Presumably, anything Wilson said to the GJ could be used against him if the case went to trial, so what attorney in his or her right mind would risk letting his or her client testify to a GJ unless the attorneys already knew there would be no indictment?
I have never seen a convincing explanation of this. To me, the fact that Wilson testified in the GJ suggests he or his attorneys already knew there would be no indictment, i.e., the fix was in.
So here's what I want to know: what discussions did McCulloch and his staff of little Eichmanns have with Wilson's attorneys prior to Wilson's appearance and what offers were made during those discussions? I think McCulloch should be compelled to answer that question under penalty of perjury.
SomethingFishy
(4,876 posts)And the basis to not indict was "we believe everything Wilson told us".
The question for the Grand Jury wasn't whether or not he was guilty, but whether there was enough evidence that a crime could possibly have been committed. The fact that there are different accounts of what happened and proof that at least one time Wilson lied in his testimony(standing over the body) should have been more than enough to indict.
Nye Bevan
(25,406 posts)The question was, is there probable cause.
SomethingFishy
(4,876 posts)Definition: A grand jury is a legal body that is empowered to conduct official proceedings to investigate potential criminal conduct and to determine whether criminal charges should be brought.
Whether or not a crime has possibly been committed. Same fucking thing.
Nye Bevan
(25,406 posts)http://en.wikipedia.org/wiki/Grand_juries_in_the_United_States
Perhaps you should edit this page to conform to your wording?
Nye Bevan
(25,406 posts)to the grand jury. As in, he should have presented witness accounts where Brown was shot execution-style with his hands up, without telling the grand jury about witnesses retracting or changing their stories, or admitting that they had not actually seen the shooting. And that he should have withheld forensic evidence when it contradicted such witness accounts. My issue with this approach is yes, an indictment clearly could have been obtained with such a strategy, but at the subsequent trial all the evidence would be presented, the witnesses with changing stories would be demolished by the defense, and there would inevitably be an acquittal.
BrotherIvan
(9,126 posts)NoJusticeNoPeace
(5,018 posts)BrotherIvan
(9,126 posts)I'm sure you have a lot to contribute and look forward to reading your comments.Though I no longer spend as much time here. DU has proven to be as full of authoritarians, unwitting/latent/outright racists, and sheeplike followers as anywhere else. Every Mike Brown thread, the same infuriating ignorance and flagrant stupidity. Not everyone, but enough to poison the well. Sigh...
BrotherIvan
(9,126 posts)But that law was ruled unconstitutional by the Supreme Court in 1985. Then, two weeks later, after Wilson had testified, they told the jurors the law didn't really apply any more but they didn't say how. In effect, once Mike Brown ran away, it was no longer legal for Wilson to shoot at him because his life was not in danger.
Here is a video explaining it
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=5879866
Watch it and let me know if you think the grand jury was given proper information to interpret "the facts" that were presented.
Nye Bevan
(25,406 posts)So the correct law was fresh in their minds when they began the deliberations.
NoJusticeNoPeace
(5,018 posts)What part of the law was in error?
Can you link to where the DA office went out of their way to make sure the GJ knew exactly what the mistake was and in light of the details of the case why the mistake was a HUGE ONE?
Can you show us where that happened, please?
BrotherIvan
(9,126 posts)In no way did the ADA explain how the old law was incorrect. In fact, when a juror asked for clarification another ADA stated, "We don't need a law class."
So no, the correction was not "fresh in their minds."
You are making a ton of assumptions based on ignorance of the proceedings. If you would like to watch the video and then answer, you might be enlightened.
NaturalHigh
(12,778 posts)There are conflicting accounts from eyewitnesses.
Like everybody else, I wish this was caught on camera, but I feel most people would still see what they wanted to.
kentuck
(111,051 posts)...that believes he was a "thug" and that he got exactly what he deserved. None of the other facts really matter. The cigarillos were all the evidence they needed to form their opinion.
These are the same people that ask why you don't see white people marching and protesting if a white person is killed? They do not see the quantitative difference that 21 blacks are killed by cops for every one white.
And, like Scarborough, they think people want to make a "hero" out of Michael Brown. They do not see that Brown was simply the last victim, in a long list of victims, of police brutality. It doesn't matter what kind of person he was - it's just that the black communities have no more tolerance for such behavior and actions from the police departments.
noiretextatique
(27,275 posts)malaise
(268,676 posts)Great post
AverageJoe90
(10,745 posts)There are a good number of millions of usually more hardcore social conservatives out there, who really do think like that. And some of these jackasses vote!
SomethingFishy
(4,876 posts)Funny how the "last straw" for the protesters was the death of a young man while Scar's "last straw" was having to watch the Rams raise their hands.
White privilege indeed.
NoJusticeNoPeace
(5,018 posts)while the privileged white guy's last straw is he had to be annoyed by football players, people he only cares about when they are smashing helmets together.
mountain grammy
(26,598 posts)1StrongBlackMan
(31,849 posts)It shows a good understanding of what is really going on.
kentuck
(111,051 posts)It amazes me how some loudmouths, like Scarborough, are so narrow-minded. They are severely deficient in critical thinking skills.
1StrongBlackMan
(31,849 posts)No! I think it shows they read the script, as written.
uponit7771
(90,301 posts)sheshe2
(83,637 posts)With the GJ hidden behind closed doors and no open jury trial, it was a gross miscarriage of justice for Michael.
I do believe it was all decided before it began, amazing indeed.
LibGranny
(711 posts)refusing to recuse himself and the Governor being a chickensh*t by not appointing a different prosecutor! I've never heard of a cop having that amount of time to submit a "statement" about what happened but Wilson had time to compose his statement to fit what he needed for no indictment!
you said this. Just last week, I talked with my sister, and she hinted at how they probably already knew the decision in advance, which might've been why the national guard was called in early and why all the speculation about riots happened before the ruling.
1StrongBlackMan
(31,849 posts)I spent the better part of the weekend reading through the transcript ... it read like a defense attorney's dream ... to be able to defend the accused before the GJ ... AND control the order of how and what evidence gets to them!
McCullom couldn't have done a better job at getting the no billhad he walked in and, "I don't believe you should indict this up-standing member of our fine law enforcement community; but ... you know ... I've got to go through the motions. Drinks on me at O'Malley's!" (a local cop bar, back in the day).
world wide wally
(21,736 posts)American exceptionalism, I guess.
NorthCarolina
(11,197 posts)mainstreetonce
(4,178 posts)the GJ be appealed on the basis of prosecutorial misconduct?
flying-skeleton
(696 posts)Just why can't the GJ decision be appealed based on prosecutorial misconduct !! Anyone ?
mainstreetonce
(4,178 posts)...
logosoco
(3,208 posts)appealed. Another grand jury can be convened for the same issue.
I am hoping and imagining that lawyers and law students and professors are working on this now. I think they have a big chance with the part where the jury was shown something that has been unconstitutional in Mo. since 1985.
I think many letters are in order here, especially to Nixon. He can do what he should have done in the first place and get a special prosecutor.
(As I said, I am not a lawyer, just hanging on to these hopeful things as i come across them!)
whopis01
(3,491 posts)Or doesn't have to be the last word - in this case it will likely be the last word.
There is no need to appeal the decision. The case can be taken back to that GJ with more evidence to be presented or even convene another GJ to look at the evidence again.
The problem is that it is the prosecutor who would make that decision.
Usually the prosecutor is seeking an indictment and the GJ serves as a limiter on prosecutorial power. If the prosecutor doesn't want an indictment they won't even take the case before a GJ.
Of course if the prosecutor doesn't want an indictment, but they want to cover their ass so they can say it wasn't their decision then a weak case in front of a GJ works pretty well.
So I think the issue with your question is who would appeal it?
BootinUp
(47,070 posts)to support their view.
And its tough not to do that in fairness. We are all humans with prejudices.
loyalsister
(13,390 posts)It should have read "This GJ accepts what Darren Wilson said without question."
wcast
(595 posts)I was talking to my brother-in-law about this incident when it first happened. I told him that many of the witnesses said he was running away from the cop and stopped. His response to me was, that's the black version, what's the other side. There are many white Americans who think exactly that which is why there is so much effort in all of these cases to blame the victim and try to demonstrate that they deserved it.
I think, and pray, a tipping point is coming soon, especially with all of the video taping going on. Unfortunately it will mean more lives will have to be lost.
0rganism
(23,920 posts)it's supposed to be a forum in which the need for a trial is established, and instead, because of how the DA played it, in this case it's frequently being cited as "the way things happened."
the GJ proceeding was not a trial, it was never meant to be a trial, even though it's being treated like one in the press. minimal fact finding, no cross-examination, no expert witnesses, no arrival at a verdict through the adversarial justice system. this was intentional.
all the conflicting testimony surrounding this case alone should have been enough cause for a trial, and instead the DA played it to spring Wilson pre-trial. In a way it's too bad for Wilson, if he was in fact innocent; now his innocence can never be fairly established in court.
at this point, the only justice remaining would be to disbar the corrupt DA.
JEFF9K
(1,935 posts)1StrongBlackMan
(31,849 posts)there was that one video of the contractors that were acting out what they were seeing/had just seen.
Apparently, that was unconvincing to the prosecutor, er ... the GJ.
JEFF9K
(1,935 posts)Cha
(296,780 posts)ismnotwasm
(41,962 posts)Stellar
(5,644 posts)#t=15
Gothmog
(144,905 posts)Wilson's testimony was scripted by his attorney and Wilson was not subject to cross examination. Wilson's story is simply not believable in my opinion
1StrongBlackMan
(31,849 posts)From the transcript of Darren Wilson's GJ testimony:
Prosecutor's Question: Do as you are going west on Canfield Drive, what happens?
DW: As I was going west on Canfield, I observed two men in the middle of the street, they are walking along the double yellow line single file order.
Question: Okay. And you say something to them, did they say something to you first?
DW: No, you want me to just go with the whole thing?
Prosecutor's response: Sure, go ahead, let's start there.
As an attorney, what do you get from that?
I'll tell you what that tells me: Wilson clearly knew what he was supposed to say AND SO DID THE PROSECUTOR. Her response to the bolded comment, betrays that she was leaving room to fill in any gaps that Wilson might have missed.
Like I mentioned earlier: I spent the better part of the weekend reading through the transcript ... it read like a defense attorney's dream ... to be able to defend the accused before the GJ ... AND control the order of how and what evidence gets to them!
If half of those indicted had been afforded the same treatment, how many True Bills do you think would have been returned?
Gothmog
(144,905 posts)Wilson would not do well under cross examination.
While I do not practice criminal law, I know enough criminal procedure to know that this grand jury proceeding was a joke designed to give the DA political cover for a no bill. Anyone who thinks that the findings of this grand jury (or any grand jury) would have any effect in a subsequent civil trial or a federal civil rights criminal case is wrong
JustAnotherGen
(31,780 posts)I'm not surprised - nothing.
I literally just read: Why would an African American betray his own race and lie about something this serious?
I read that and I truly believe that this person thinks we are all liars, cheats, thieves, etc. etc.
1StrongBlackMan
(31,849 posts)we consider Black and white when testifying!
I'm hoping that poster was just relating what he/she read somewhere else ... otherwise, it speaks volumes about their mindset. Would they ask the same question of a non-Black witness?
JustAnotherGen
(31,780 posts)Got a hide -
http://www.democraticunderground.com/?com=view_post&forum=1002&pid=5898532
But it was their own thought process.
snooper2
(30,151 posts)1StrongBlackMan
(31,849 posts)it was a tanked process.
marym625
(17,997 posts)I believe Chris King put this together
http://ferguson.sayit.mysociety.org/
1StrongBlackMan
(31,849 posts)This will either give much more life to this discussion because people can quickly find their points of contention; or, kill the discussion because facts have a way of shutting do most speculative discussions.
marym625
(17,997 posts)That's if people see it
Feral Child
(2,086 posts)One of our resident cheerleaders tried to suggest the case was not winnable due to the conflicting witnesses. That isn't at all unusual. An able prosecutor calls the credible witnesses, leaving the Defense to call the bad ones, then easily refutes the bad witnesses and discredits the Defense.
That's SOP for prosecutors. They also NEVER give uncredited witness testimony to the Grand Jury. This case was intentionally poisoned.
I couldn't even sign on to DU for several days after the Decision, I was too enraged. I knew the cheerleaders would be posting ecstaticly and wasn't about to get caught up in a flame war and be silenced by "hides". When I returned here after calming down, I engaged several of them.
Got me a list...
1StrongBlackMan
(31,849 posts)Yeah, this is the exact opposite of what this "prosecutor" did ... he refuted and challenged the witnesses and evidence that, normally, would have made his case before the GJ, and left the suspect's testimony unchallenged.
Feral Child
(2,086 posts)their inaction after the protests turned ugly were obviously geared to maximize public disapproval and ratchet up the conflict.
Don't get me wrong, it's way past time for us to get ugly with these hateful motherfuckers.
The thought of kids being afraid to go outside to play (referencing the slain 12 YO in Ohio) because they're BLACK enrages me. It also makes me want to literally beat fuck out of the killer-cop apologists shitting in our forum.
gmb92
(57 posts)The most relevant part of the whole incident is from the time Wilson started shooting to when he finished shooting. Just 3 of the 22 witnesses agreed that Brown charged him.
http://www.washingtonpost.com/wp-srv/special/national/ferguson-witnesses/
Even if one ignores the other 19 witnesses, as Wilson backers want to do, were those shots to the head necessary?
One of the most telling remarks by Wilson was his characterization of Brown as a "demon". This is what killers do to justify their aggression - exaggerate in their mind the threat. A wounded man might walk towards a police officer to concede. A demon would "charge". A man might cause a minor bruise on his face in a struggle (see photos). A demon might render Wilson one massive blow away from death.