Come for the politics, stay for the snark.

Let’s delete this post and never speak of this again.

It’s always darkest before the other shoe drops.

It may be funny to you motherfucker, but it’s not funny to me.

And now I have baud making fun of me. this day can’t get worse.

When your entire life is steeped in white supremacy, equality feels like discrimination.

When I decide to be condescending, you won’t have to dream up a fantasy about it.

Fuck the extremist election deniers. What’s money for if not for keeping them out of office?

And we’re all out of bubblegum.

if you can’t see it, then you are useless in the fight to stop it.

A thin legal pretext to veneer over their personal religious and political desires

Bark louder, little dog.

Peak wingnut was a lie.

They fucked up the fucking up of the fuckup!

Come for the politics, stay for the snark.

If you tweet it in all caps, that makes it true!

This fight is for everything.

The party of Reagan has become the party of Putin.

Schmidt just says fuck it, opens a tea shop.

Too often we hand the biggest microphones to the cynics and the critics who delight in declaring failure.

So it was an October Surprise A Day, like an Advent calendar but for crime.

I’ve spoken to my cat about this, but it doesn’t seem to do any good.

The worst democrat is better than the best republican.

Speaking of republicans, is there a way for a political party to declare intellectual bankruptcy?

Shallow, uninformed, and lacking identity

You are here: Home / Civil Rights / Racial Justice / Post-racial America / What’s Good for the Goosesteppers…

What’s Good for the Goosesteppers…

by | 63 Comments

This post is in: ,

This could be a very interesting development in the unprosecuted homicide of Michael Brown:

A grand juror is suing St. Louis County Prosecutor Bob McCulloch in an effort to speak out on what happened in the Darren Wilson case. Under typical circumstances, grand jurors are prohibited by law from discussing cases they were involved in.

The grand juror, referred to only as “Grand Juror Doe” in the lawsuit, takes issue with how McCulloch characterized the case. McCulloch released evidence presented to the grand jury and publicly discussed the case after the grand jury decided not to indict Wilson, then a Ferguson police officer, in the shooting death of Michael Brown, an 18-year-old African-American.

“In [the grand juror]’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 [Doe]’s own.”

“From [the grand juror]’s perspective, the investigation of Wilson had a stronger focus on the victim than in other cases presented to the grand jury,” the lawsuit states. Doe also believes the legal standards were conveyed in a “muddled” and “untimely” manner to the grand jury.

In the lawsuit filed Monday in federal court, the American Civil Liberties Union of Missouri argues that this case is unique and that the usual reasons for requiring the jurors to maintain secrecy should not apply.

In this specific case, “any interests furthered by maintaining grand jury secrecy are outweighed by the interests secured by the First Amendment,” the lawsuit says, adding that allowing the juror to speak would contribute to a discussion on race in America.

As always, the usual caveat that IANAL, and the law seems rather clear, but if McCulloch has been able to run his fat yap on his AM radio white pride victory tour after he got exactly what he wanted, it seems to me that the rules could and should be waived to allow this juror to have her/his say about what went on behind closed doors. In fact, it makes little sense that one person is allowed to run around and talk about what secretly happened while others are not. And let’s not conflate what is said in the juror deliberations and what is presented to the grand jury, because I understand why there would be separate protections there.

Reader Interactions

63Comments

  1. 1.

    Keith G

    Interesting. I wonder if there are any affirmative precedents for this type of action?

    If not, I would not be hopeful for the success of this type of case…..but I know so little about this topic.

  2. 2.

    mai naem mobile

    The ad on top.of.my BJ page is for the NRA. I mean I’m glad they’re wasting their money advertising to me but, jeezus, I can’t believe they don’t have a decent algorithm yet to figure out supporters and opponents.

  4. 4.

    drkrick

    Does simply getting the assertion that McColloch is misrepresenting what happened into the public record just by filing the suit accomplish a lot of what permission to speak would?

    That was supposed to be the reason for the no-chance-to-win lawsuit against the CBC that Jian Ghomeshi filed then dropped. It didn’t turn out well for him, but could this be different?

  7. 7.

    Gin & Tonic

    @drkrick: I’m reminded of a time, years ago, when a professional basketball player named Earl Monroe was questioned in the locker room after a poorly officiated game, and replied: if I told you what I thought, it would cost me $5,000. I think the fines have probably increased, but I also don’t think he could have expressed himself any more clearly.

  8. 8.

    randy khan

    @Omnes Omnibus: That’s a great find, and the rationale would seem to apply this situation very nicely. That said, there is at least an argument that there should be a distinction between grand jury witnesses and grand jurors, so it’s not exactly a slam dunk.

  11. 11.

    Unabogie

    This just makes it all the more disgusting that Darren Wilson’s fans used this disgrace of a proceeding to proclaim his vindication. This process was never designed to air any truth. It was designed to get Wilson off, and it succeeded. But fuck this guy. He let a killer go free.

  13. 13.

    raven

    @Omnes Omnibus: I have a friend who was a USMC JAG lawyer. He defended the fighter pilot in the Italian cable car crash. I saw him on the tube after he won and the next time I saw him I said “man, you really killed em in court”. His reply, “the government case was so poorly presented that anyone with a pulse could have won that.” . They had put an expert in altimeters on the stand and he actually showed video of the altimeter sticking, the fact that was instrumental in winning the case for the defense.

  14. 14.

    Villago Delenda Est

    @mai naem mobile: They are far too busy counting the swag from their paymasters, the merchants of death, to worry about targeting the right segment of the population.

  16. 16.

    Gopher2b

    Grand jurors can’t talk, and if they do, I think there’s virtually no consequences. Especially here where the DA released everything. What are they going yo do, sue her/him?

  17. 17.

    Omnes Omnibus

    @Gopher2b: From the linked article:

    State law says that grand jurors shall not “disclose any evidence given” nor “the name of any witness who appeared before them,” adding that any juror who violates that is guilty of a misdemeanor.

  20. 20.

    raven

    @Omnes Omnibus: This is interesting as well.

    The lead military counsel for the defense of Captain Ashby, then-Major Bill Weber, joined the UGA law school faculty as the Director of Advocacy [in Fall 1999]. On March 31, a team of law students led by Mr. Weber will tell the story of this trial from the actual trial exhibits and re-enacting crucial examinations and cross-examinations using transcripts. It is the story of a military trial conducted in the midst of a media feeding-frenzy, of a prosecution driven by concerns outside the courtroom, and of a successful defense masterminded by a civilian attorney who seemed to know what the military jury needed to hear even more so than the Marines conducting the prosecution.

  24. 24.

    Gopher2b

    @Omnes Omnibus:

    Misdemeanor is nothing. I would roll the dice if I thought there was something that needed to be said. The DA already released all the evidence anyway. Just don’t name the witnesses (no need to, and it’s a really big no no).

  25. 25.

    SFAW

    @Amir Khalid:

    I remember the Republican US Senator from Texas, John Something, who wanted my Malaysian vote.

    I knew Texas was big, but I was unaware that they had annexed Malaysia. Hell, even your flag looks vaguely similar to that of Nuevo Aztlan Tejas Texas. Well, ‘cept for that Mooslim-y moon thingy. For which I blame Obama, of course.

  27. 27.

    SFAW

    @Omnes Omnibus:

    adding that any juror who violates that is guilty of a misdemeanor.

    Of course, if they got a change of venue to NYC, they’d be home free.

    Well, at least until Patrick Lynch grows the fuck up.

  29. 29.

    James Hare

    What about Witness #40 violating grand jury secrecy by confirming she was the witness who perjured herself?

  30. 30.

    SFAW

    @James Hare:
    It would only have been a problem if she had provided evidence that Darren Wilson did something wrong. Since her testimony supported his version of the story, it’s all good.

  32. 32.

    Mike in dc

    I think if the juror can show how significant a departure the process in this case was, it lays the groundwork for a prosecutorial misconduct claim, which could lead to a bar committee investigation. It’s even harder to discipline prosecutors than it is to indict cops, so don’t get your hopes up. Mostly I just think this would embarrass mcculloch and deflate the pro-wilsonites and slightly -racist-conservatives a bit.

  33. 33.

    a hip hop artist from Idaho (fka Bella Q)

    @Omnes Omnibus: I only did once. It was a family unauthorized use of car case. Mom wanted to dismiss; so did I under the circumstances. Judge refused to do so unless she paid court costs. Never mind the clerical contortions that would require.

    I said well, let’s try it and called Mom as witness. PD is confused as is Mom, but both elect to trust me. My question: “Ma’m, would you please state you name and spell it for the record?” She does; “Thank you, Mrs. Mom. The state rests.”

    The judge was unhappy, but he got over it. About a month later, he went to Europe on vacation and sent my dog a post card from Paris. I’d mentioned that she was collecting vacation greetings.

    I’ve had an odd career. I’ll politely ask for good thoughts as I go discuss a potential job tomorrow morning.

  34. 34.

    SFAW

    @Mike in dc:

    Mostly I just think this would embarrass mcculloch and deflate the pro-wilsonites and slightly -racist-conservatives a bit.

    Right.

    Next you’ll be telling us that Scalia showed humility about something, and soon-to-be Speaker Gohmert said something intelligent. Or even intelligible.

  36. 36.

    Tree With Water

    The juror in question could also choose to disregard the court’s decision, and speak freely, the law be damned. And maybe he will- after all, he’s taken it this far. He’d need a good attorney afterward, of course.

  39. 39.

    kindness

    Nothing is going to change until the folks getting shit on start voting. What was the turnout in Ferguson this year?

  41. 41.

    Kropadope

    @Mike in dc:

    Mostly I just think this would embarrass mcculloch and deflate the pro-wilsonites and slightly -racist-conservatives a bit.

    No, they will cite the original decision not to go to trial (or misidentify it as a not-guilty verdict) over and over, keep the entire conversation centered on that bit. When it finally registers to them you are saying they are wrong on fact, they will demand you will look it up, show them this fact and it will the whole line of discussion will immediately be deemed irrelevant. All this will be duly forgotten by the time the subject comes up again.

  42. 42.

    Shalimar

    @Gopher2b: You say nothing, but remember this particular jurist would be speaking out against the person who coincidentally decides whether to prosecute and how much of a hell to make the grand juror’a life. You’re also pissing off the police, who are responsible for finding evidence of all the other crimes they can claim you committed.

    I hope there would be outrage if McCulloch pursued a vendetta, but it’s still a risk.

  44. 44.

    Mnemosyne (iPad Mini)

    @a hip hop artist from Idaho (fka Bella Q):

    Good luck! I’m still waiting to find out if I’m getting a second interview or not. It’s been almost a month, but they had to move their offices and then we were all gone for a week and a half for the holidays. I nudged the recruiter but haven’t heard jack from her, either.

    Interviewers: if you’re not going to ask someone back for a second interview, don’t even mention the possibility, fer chrissakes! It’s an assholish thing to do. Just say, “Thak you, we’ll be in touch” and let it rest rather than getting someone’s hopes up.

  45. 45.

    JaneE

    The Michael Brown case will provide history with the definitive textbook case of racially biased law enforcement. Is there any part of this case from start to finish that doesn’t reek of racism and bias? I hope the jurors can tell us what went on in the jury room. It would go a long way to show future prosecutors how not to (mis)use a grand jury.

  46. 46.

    dmbeaster

    @raven: And that verdict waa a travesty. The altimeter barely matters since they were flying obviously low in order to clip the cables. Also, I understood another issue was bad maps not showing the cable in that valley. But again, so what since they were basically hot dogging up that canyon, and then destroyed the in flight tape as soon ad they landed

  49. 49.

    burnspbesq

    @Villago Delenda Est:

    McCulloch should be disbarred.

    I suppose it would be a waste of time to ask you to cite the applicable provisions of the Missouri rules of professional conduct that you allege he violated.

  50. 50.

    Emerald

    Ah ha. The plot thickens. After reviewing the grand jury transcript, witness interviews and “other evidence,” this happened today: The State Bar has filed a complaint against McCulloch.

    Coming on the heels of the federal action filed by the ACLU of Missouri to lift the life-time gag order imposed on grand jurors, an eleven page complaint was filed with the Office of the Chief Disciplinary Counsel claiming that McCulloch, as well as Assistant Prosecuting Attorneys Kathi Alizadeh and Sheila Whirley violated some 15 different Rules of Professional Conduct by:

    1. Presenting the grand jury with a legal instruction ruled unconstitutional for decades.

    2. Mislabeling and misplacing evidence related to key witness Dorian Johnson.

    3. Failing to provide specific charges to the jury after ‘dumping’ on them thousands of pages of interviews and evidence the complainants cite as going above gross negligence.

    Gonna take awhile, but maybe they can get the bastid.

  51. 51.

    Omnes Omnibus

    @burnspbesq: I weren’t saying it was controlling authority. The question was whether there was precedent supporting the suit.

    @burnspbesq: I have actually pointed to some in previous threads on this topic. They are arguable, but they are there. I’ll bet if you looked at the MO rules, you could find them if you cared to.

  52. 52.

    mclaren

    In fact, it makes little sense that one person is allowed to run around and talk about what secretly happened while others are not.

    Hahahahaha!

    You expect the American “justice” system to make sense?

    Hahahahahahahahahaha!

    Here’s your American system of “justice” — a bunch of riot-armored goons standing around clubbing an unarmed nonviolent protester. And when he howls, “Where’s the justice?” the muggers with badges laugh uproariously and answer:

    “There’s no justice, there’s just us.”

  53. 53.

    Omnes Omnibus

    @mclaren: Just off hand… A few questions come to mind… Who pays you to be a pseudo-progressive? Does taking that money give you any difficulty sleeping at night? Seriously, as boy or girl, you just don’t play as real. You overact. Dude/dudette, work on it.

  54. 54.

    Kropadope

    @mclaren: There are inequities everywhere. America has at least its fair share, but it’s not all the police and it always doesn’t cut in the police’s favor. Righteous anger is fine, but honest and balanced righteous anger is better.

  55. 55.

    gwangung

    @Omnes Omnibus: I dunno, Omnes…I’ve known several radical folks in my misspent youth that were at least as obnoxious, over the top and racist as mclaren. Poe’s Law works on the left as well as on the right.

  57. 57.

    Villago Delenda Est

    @Kropadope: That’s pretty much standard wingnut operating procedure.

    They are as intellectually dishonest as they are racist. Which means gobs and gobs.

  58. 58.

    z

    Grand jurors don’t have an obligation to absolute secrecy; only for a subset of matters (which varies state-to-state). In my mind, they have an ethical obligation to report malpractice by their legal counsel (the DA & associates in this case, as they didn’t acquire an independent counsel; unsure if that’s allowed in MO) and hopefully that’s what this grand juror is doing if McCulloch acted inappropriately. And we have enough evidence at this point that grand jurors should at least consult with the ACLU or other independent legal advisors based on jurors being presented outdated versions of the law.

    I’d bet anything that McCulloch spent tons of time reminding jurors how absolutely everything that happens w/ the grand jury must be private even though this isn’t true at all.

  59. 59.

    z

    @z: “I’d bet anything that McCulloch spent tons of time reminding jurors how absolutely everything that happens w/ the grand jury must be private even though this isn’t true at all”

    …

    Ha… just read the complaint and it turns out that the most important thing to McCulloch at the end of the Grand Jury term was giving them photocopies of their oath and statutes specifying the rules & penalties against disclosing anything that happened. Is that standard practice for grand juries?

  61. 61.

    Snarki, child of Loki

    Too bad that GJ is no longer in session, or they could investigate (and indict) McCulloch.

  62. 62.

    J R in WV

    @z:

    Certainly never happened the time I was on a (different) state grand jury. We indicted everyone they brought to the grand jury, too. Mostly child sexual abuse, other sex crimes (rape of mentally disabled girls) and drug crimes, selling or making meth, coke, etc.

    I didn’t vote in favor of the pot cases, but it didn’t matter, they don’t need unanimity, just 12 or more out of 17 jurors.

    I’m with john, hoping this McCulloch gets his ass in a sling over this racist incompetence, what a bozo!

  63. 63.

    Gavin

    To the lawyers still reading this thread:

    If it’s proven/shown/concluded that McCulloch is guilty of everything he’s now formally accused of..

    Will/can a second grand jury be empaneled on the Wilson case?

    I was on a Baltimore county grand jury for 5 months some years back.. one case we had was a soon-to-be workplace shooter. Cops were at his house questioning him while the FedEx truck delivered multiple cases of ammo [brand names on the outside] for the various guns he was planning to use. Lives were saved that day!

Comments are closed.