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Did St. Louis Prosecutor Lie About the Ferguson Grand Jury? Juror Files Lawsuit In Order to Tell the Truth

Darren Wilson

Darren Wilson

Lending significant credence to the contention that St. Louis County prosecutor Bob McCulloch mishandled the Darren Wilson grand jury, a member of the jury has filed a lawsuit through the ACLU to be allowed to publicly discuss the case, claiming that McCulloch was wrong when he implied all 12 jurors didn’t think there was enough evidence to charge Wilson.

As a member of the grand jury, the unidentified plaintiff wants to be able to speak about the case but can’t because the grand jury members are subject to a lifetime gag order. The lawsuit is a major development because up to this point the nation had to rely only on the explanation offered by McCulloch without being able to hear the perspective of the people who actually judged the evidence against Wilson. Because the jurors were under a gag order, McCulloch essentially was free to characterize their deliberations in any way he saw fit—and in a way that presented him in a more positive light than perhaps he deserved.

“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.

The lawsuit names McCulloch as the defendant, since he is in charge of overseeing the gag order.

“Right now there are only 12 people who can’t talk about the evidence out there,” ACLU attorney Tony Rothert told the Associated Press. “The people who know the most—those 12 people—are sworn to secrecy. What (the grand juror) wants is to be able to be part of the conversation.”

The suit includes fairly damning descriptions of McCulloch’s performance, saying the legal standards in the case were discussed in a “muddled” and “untimely” manner.

There were stories after the grand jury verdict contending that McCulloch erred in not giving the jurors more options in bringing charges against Wilson.

The suit is not trying to overturn the grand jury process—it merely contends that the circumstances of the Wilson case are unique because there is such an intense public interest in hearing from the juror.

“The rules of secrecy must yield because this is a highly unusual circumstance,” Rothert said. “The First Amendment prevents the state from imposing a lifetime gag order in cases where the prosecuting attorney has purported to be transparent.”

The grand jury of nine whites and three Blacks met over the course of three months, coming together on 25 days to hear more than 70 hours of testimony from about 60 witnesses. According to the AP, McCulloch said during a radio interview last month that some of the witnesses clearly lied to the grand jury.

Rothert said the same grand jury members were able to compare how McCulloch handled the Wilson case to other cases because the grand jury had been empaneled since May and had been hearing other cases before it started hearing evidence in the Brown murder in August. The lawsuit accuses the prosecutor of handling the Wilson case much differently than the other cases, with “a stronger focus on the victim.”

“Believe me, there’s already more than a fair amount of skepticism about whether this process was fair, notwithstanding Mr. McCulloch’s cynical attempt to pretend that it was fair,” Jim Cohen, associate professor at Fordham University Law School and a grand jury expert, told the AP, adding that the juror had a strong case. “This matter has been discussed by virtually everybody in the universe with the exception of any person actually subjected to the presentation of evidence.”

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4 thoughts on “Did St. Louis Prosecutor Lie About the Ferguson Grand Jury? Juror Files Lawsuit In Order to Tell the Truth

  1. John Prewett says:

    To tune of: Bad, Bad LeRoy Brown.

    Well the South side of Ferguson is the baddest part of town.
    An if ya went down there ya had ta beware of a thug name-a Michael Brown.
    Michael was a big bad boy, and he took just what he want,
    One fine morning he an a buddy decided dey want sum blunt.

    Michael had no money, he said dat don’t matta nun,
    I take what I want from the little chink clerk and don’t even need a gun.
    So he take the blunts from the store and he stroll right out de do.
    And as he left he told the clerk.. I be back when I want sum mo.

    He feelin so good bout takein de smokes.
    dat he stroll down the middle of the street.
    He didn’t get far when he told to stop.
    by a cop who was on his beat.

    Michael was a bad-ass, and dey don take no shit.
    He punched the cop through the window an cops gun he fought to get.
    Da cracka put a slug in him and he began to run,
    then he made the mistake of stopping and turning,
    maybe thought he’d have more fun.

    He knew his homies would laugh at him, if he just ran away,
    So he put his head down and charged the cop and the cop he blazed away.

    Now he dead, dead Michael Brown de deadest thug in de whole damn town.
    He were badder than ole King-Kong,… now he deader than a road-killed dog.

    Michel gone but not forgotten, it’s crazy but just go figure.
    Michael Brown is a martyr now,.. cause he was one hell of a nigure.

  2. Marcus Matthews says:

    Interesting, a lifetime ban on discussion of a very public case. They hiding something…

  3. Josephine Bass says:

    Disbar him? that is extreme is it because he is WHITE!

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