Many things wrong with Ferguson decision

Published 5:36 pm Wednesday, December 3, 2014

I could not believe my ears. I could not believe the district attorney did what he did. I could not believe the district attorney said what he said. I just could not believe.

I was driving to Houston, Texas so I could not see the DA on television. I could, however, hear him on satellite radio. But I could see the arrogance in my mind’s eye. I could feel the burning injustice in my bones.

Yes, I am describing my response to recent events in Ferguson, Mo. But it was not the grand jury’s decision not to indict Ferguson Policeman Darryl Wilson that I could not believe.

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That I predicted. I could see a failure of indictment coming hundreds of miles away.  I could see that decision coming in the constant demonization of Michael Brown. I could see the injustice of Brown’s death compounded by strategic leaks from the grand jury.

I could see the no indictment in the district attorney’s decision to have the defendant testify before the grand jury. I could see the no indictment decision in the district attorney’s announcement that he would put “all the evidence before the grand jury.” All the evidence is for a regular jury, not a grand jury.  I could believe the grand jury would “no bill” (no indictment) for I saw it orchestrated by the DA from many miles away and for months in advance.

What I could not believe was the St. Louis County Ferguson District Attorney Robert McCullough so proudly announcing that the grand jury did not issue an indictment in the death of Michael Brown. After all, the duty of a district attorney is to secure an indictment. This district attorney did not secure an indictment, but he was so very proud.

I and millions of others were insulted when the DA decided to treat the Ferguson grand jury as a regular jury.

Grand juries never hear all the evidence. That’s for a trial before a regular jury. Former Alabama Attorney General Bill Baxley once said, “You can indict a ham sandwich.” That’s how low the standard is for an indictment.

All the grand jury is supposed to determine is whether a crime was probably committed and who probably did it. It is a one sided affair: only the evidence that will contribute to an indictment is presented.

All the evidence goes before the regular jury in open court with lawyers on different sides  — some for the state and some for the defense.

This DA said he presented the evidence for both sides.

How can one DA present for both sides? This presentation before the grand jury was a fraud on the people of Ferguson in general and the Brown family in particular.

Let’s go back to the events of Aug. 9, 2014. Brown, an 18-year -old youth recently admitted to college, was walking in the street along with another youth. Ferguson policeman

Wilson told them to get out the street.

According to multiple witnesses, when they did not move as quickly as he wanted, Wilson reached out though the window and grabbed Brown in the chest and partially pulled him through the window. Two shots were fired at close range by Wilson, who later told the grand jury that Brown tried to enter the car and take his gun. Brown broke loose and started running.

Wilson got out of the car and chased the running youth.

He shot at Brown 10 more times, hitting him six times.

Multiple witnesses say Brown stopped, turned and raised his hands.

One last shot slammed though his head. He died on the spot but his body lay in the street for more than four hours.

Wilson said that the boy he shot multiple times was charging toward him from 35 feet away when he shot him in the head. He says that he was in fear of his life.

If he was in such fear, why did he chase the 18-year-old youth?

The DA, in his proud presentation, stated that one witness (witness No. 10) said that Brown charged officer Wilson.

However, in the police incident report, the witness said that he was 100 yards away. That’s a whole football field.

Witness No. 10 told the jury that he was 50 yards away. The district attorney did not question him about the discrepancy between 50 yards and 100 yards. That’s a 50 percent change in critical testimony.

I could not believe the district attorney had the sheer gall to hold a night press conference and proudly announce that there was no indictment when he had orchestrated the decision on no indictment.

I ask you, would anyone, not to speak of an 18-year-old boy, charge a policeman with a gun who had shot at him 11 times and hit him multiple times? Would a boy who had run away from the policeman after the first two shots then turn and charge a still shooting policeman?

I don’t believe this is believable to anyone not already disposed to believe.

At the end of the nationally televised presentation, I realized that McCullough was not talking to me or people like me.

He was talking to people like him who were already infested by racial fears and therefore predisposed to believe him.  It is most painful to me to see how many believe the DA and support this orchestrated injustice.

There are many ways to commit crimes. Sometimes people in positions of authority violate the letter and spirit of justice by fraudulent acts to such an extent it is a crime.

However, they will never be charged with a crime. It’s terrible to have a deadly crime compounded by a crime.