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Grand juror in Darren Wilson case sues for right to speak out Grand juror in Darren Wilson case sues for right to speak out
(about 20 hours later)
A member of the secret grand jury that declined to indict Ferguson Police Officer Darren Wilson in the November shooting of Michael Brown is suing prosecutor Robert McCulloch for the right to speak out about the proceedings. A member of the secret grand jury that declined to indict Ferguson Police Officer Darren Wilson in November in the shooting of Michael Brown is suing prosecutor Robert McCulloch for the right to speak out about the proceedings.
While grand jurors are prohibited by law from discussing cases in which they are involved, a plaintiff identified only as “Grand Juror Doe” claimed in a lawsuit filed in federal court on Monday that McCulloch has mischaracterized some of the evidence presented to the grand jury. The grand jury declined to charge Wilson with any crimes in connection with the Aug. 9, 2014, fatal shooting of Brown, 18.While grand jurors are prohibited by law from discussing cases in which they are involved, a plaintiff identified only as “Grand Juror Doe” claimed in a lawsuit filed in federal court on Monday that McCulloch has mischaracterized some of the evidence presented to the grand jury. The grand jury declined to charge Wilson with any crimes in connection with the Aug. 9, 2014, fatal shooting of Brown, 18.
“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. “Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with Plaintiff’s own.”“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. “Moreover, the public characterization of the grand jurors’ view of witnesses and evidence does not accord with Plaintiff’s own.”
Under Missouri state law, it would be a misdemeanor for a grand juror to discuss a case in which he or she participated, but the suit requests that this juror be granted that right, arguing that it could “contribute to the current public dialogue concerning race relations.”Under Missouri state law, it would be a misdemeanor for a grand juror to discuss a case in which he or she participated, but the suit requests that this juror be granted that right, arguing that it could “contribute to the current public dialogue concerning race relations.”
“Grand Juror Doe’s perspective can and should help inform a way forward here in Missouri,” said Jeffrey Mittman, executive director of the ACLU of Missouri, which is representing the grand juror. “The ACLU will fight to allow this important voice to be heard by the public and lawmakers so that we can begin the healing process that can only result from fact-based reforms,” he said in a statement.“Grand Juror Doe’s perspective can and should help inform a way forward here in Missouri,” said Jeffrey Mittman, executive director of the ACLU of Missouri, which is representing the grand juror. “The ACLU will fight to allow this important voice to be heard by the public and lawmakers so that we can begin the healing process that can only result from fact-based reforms,” he said in a statement.
Reached Monday morning, a spokesman for McCulloch declined to comment.Reached Monday morning, a spokesman for McCulloch declined to comment.
“Mr. McCulloch has not been served at this time, so he has no comment,” said Ed Magee, McCulloch’s spokesman.“Mr. McCulloch has not been served at this time, so he has no comment,” said Ed Magee, McCulloch’s spokesman.
The lawsuit is the latest development in a steady stream of challenges to McCulloch and his handling of the Brown shooting.The lawsuit is the latest development in a steady stream of challenges to McCulloch and his handling of the Brown shooting.
In the days after the shooting, protest groups raised questions about McCulloch’s relationship with local law enforcement agencies. They noted that he has deep family ties to local police departments and that his father, a police officer, was shot and killed on duty.In the days after the shooting, protest groups raised questions about McCulloch’s relationship with local law enforcement agencies. They noted that he has deep family ties to local police departments and that his father, a police officer, was shot and killed on duty.
“This argument is silly. They keep bringing up my father who was killed in the line of duty,” McCulloch told The Post in September. “The pain was because I lost my father. It didn’t matter that he was an officer…. It shaped my life. If anything, it made me a strong advocate for the victims of violence.”“This argument is silly. They keep bringing up my father who was killed in the line of duty,” McCulloch told The Post in September. “The pain was because I lost my father. It didn’t matter that he was an officer…. It shaped my life. If anything, it made me a strong advocate for the victims of violence.”
McCulloch has not been without defenders. Prominent lawyers and politicians in Missouri have rushed to his defense, insisting he would be fair. Gov. Jay Nixon (D), decided against asking McCulloch to step aside so a special prosecutor could be appointed.McCulloch has not been without defenders. Prominent lawyers and politicians in Missouri have rushed to his defense, insisting he would be fair. Gov. Jay Nixon (D), decided against asking McCulloch to step aside so a special prosecutor could be appointed.
As the case drew national and international attention — with protests at times turning violent and police responding by deploying tear gas and arresting hundreds — McCulloch vowed to release grand jury transcripts and other documents.As the case drew national and international attention — with protests at times turning violent and police responding by deploying tear gas and arresting hundreds — McCulloch vowed to release grand jury transcripts and other documents.
He also employed an unusual grand jury tactic. While grand juries are often presented with just the minimal evidence and witnesses needed to secure an indictment on specific charges recommended by the prosecutor, McCulloch instead used the grand jury as an investigative body — presenting its members with all of the raw evidence and witnesses.He also employed an unusual grand jury tactic. While grand juries are often presented with just the minimal evidence and witnesses needed to secure an indictment on specific charges recommended by the prosecutor, McCulloch instead used the grand jury as an investigative body — presenting its members with all of the raw evidence and witnesses.
In a lengthy speech on the night it was announced that Wilson would not be charged in the shooting, McCulloch detailed some of the evidence presented.In a lengthy speech on the night it was announced that Wilson would not be charged in the shooting, McCulloch detailed some of the evidence presented.
“I’m ever mindful that this decision will not be accepted by some,” McCulloch said. “It’s my sworn duty and that of the grand jury to seek justice, not simply to obtain an indictment or conviction.”“I’m ever mindful that this decision will not be accepted by some,” McCulloch said. “It’s my sworn duty and that of the grand jury to seek justice, not simply to obtain an indictment or conviction.”
But while the lengthy news conference satisfied observers who had initially sided with Wilson, it raised new questions about the grand jury process and underscored the belief of many of the protesters that the process had been rigged against an indictment.But while the lengthy news conference satisfied observers who had initially sided with Wilson, it raised new questions about the grand jury process and underscored the belief of many of the protesters that the process had been rigged against an indictment.
“From Plaintiff’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury,” Grand Juror Doe’s lawsuit states.“From Plaintiff’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury,” Grand Juror Doe’s lawsuit states.