This Letter Could Restart The Case Against Darren Wilson

[laserhaas]

Last edited Thu Jan 8, 2015, 03:05 PM - Edit history (1)

Source: Think Progress website noting NAACP letter

The NAACP Legal Defense Fund* wrote an open letter to Missouri Judge Maura McShane asking her to investigate Ferguson prosecutor Bob McCulloch and his team for misconduct. The NAACP notes that, under Missouri law, McShane has the authority to investigate McCulloch and appoint a new special prosecutor to handle the case against Darren Wilson. Such a move would effectively restart the case against Wilson for killing Michael Brown, after no charges were filed against Wilson during last year’s grand jury proceeding.

1. McCulloch and his team “knowingly presented false witness testimony to the grand jury.” McCulloch admitted this on a radio interview on December 19. The NAACP notes this is likely a violation of the Missouri Rules of Professional Conduct. Specifically, McCulloch allowed a woman to testify as an eyewitness who he knew was not at the scene of the incident and had a history of “racially-charged rants about the incident on the internet.”

2. McCulloch and his team “presented incorrect and misleading statements of law to the grand jury and sanctioned unlawful juror practices.” Specifically, Assistant Prosecuting Attorney Kathi Alizadeh distributed copies of a Missouri statute that was contravened by a Supreme Court decision 30 years earlier. When Alizadeh addressed the issue weeks later she said that the statute was “not entirely incorrect or inaccurate” but the grand jury should “disregard” it. At other times, Ms. Alizadeh seems genuinely confused about what legal standards were at issue and shared her confusion with the grand jury, including this remarkable exchange:




Read more: http://thinkprogress.org/justice/2015/01/06/3608333/naacp-demands-judge-investigate-ferguson-prosecutor/

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This is the picture of the actual transcript. (I didn't know if I was allowed to post it up top)


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[font size=6]UPDATE[/font]

These items were brought to our attention, appearing to have substantial relevance.

NOTE - The Titles are also direct links to the items.

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[center][font size=4]NAACP VICTORY - DEATH IN CUSTODY REPORTING ACT PASSES THE U.S. SENATE[/font][/center]
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Late last night, on Wednesday, December 10, 2014, the United States Senate passed, with strong bipartisan unanimous support, NAACP-supported H.R. 1447, the Death in Custody Reporting Act. This important bill passed through the U.S. House of Representative in December of 2013 on a bi-partisan voice vote.

The legislation, which now must be signed into law by President Obama, is strongly supported by the axiom, “in order to manage a problem, you must first be able to measure it.” It will require states to report to the U.S. Department of Justice information on every instance in which a person dies while in the custody of a law enforcement official, including: (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. Having this information in one central location will enable us to study trends and compare the records of jurisdictions, so that we may begin to see where there is and is not a problem. It will go a long way to not only understanding the phenomenon of the deaths of Americans while in custody, but also may also begin to alleviate the environment of suspicion, concern and mistrust that currently exists in many racial and ethnic minority communities across America today by providing much-needed transparency in our Nation’s criminal justice system.

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[font size= 4]Legal Advocacy Group {NAACP} ask for new Darren Wilson grand jury[/font]

What is key about this Los Angeles Times story, is the fact that it details the a significant issue that the letter to the Judge, requesting an independent review of the Grand Jury affairs by McCulloch, is from the NAACP legal defense fund (which is totally independent from the NAACP itself).

The NAACP Legal Defense and Educational Fund -- which shares a name similar to the NAACP but is an independent advocacy group -- made the request in a letter to Circuit Judge Maura McShane and also asked her to appoint a special prosecutor.

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[font size=4]Letter is Just one of 3 Complaints Lodge concerning Ferguson Grand Jury[/font]

Also reflected by the Los Angeles Times, is the fact that the NAACP Legal Defense Fund is just one of three separate complaint avenues utilized in the week.

1. The NAACP Legal Defense Fund

2. Grand Juror has sued McCulloch in federal court

3. Seven St. Louis Residents filed Bar Complaint against McCulloch
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The NAACP Legal Defense and Educational Fund's letter came the same day that a grand juror sued McCulloch in federal court for the right to speak publicly about the prosecution's "muddled" and unusual handling of the case.

Seven St. Louis-area residents also filed a bar complaint against McCulloch with state professional regulators Monday, alleging McCulloch's office breached ethical rules by presenting incorrect legal standards and questionable testimony.

The NAACP Legal Defense and Educational Fund echoed many of the residents' complaints. (You can read the Los Angeles Times' article on the grand juror's lawsuit and the citizens' bar complaint against McCulloch here.)
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[hr][br]
[center][font size=5]LINK to Actual NAACP LDF Letter[/font][/center]

Actual Letter (PDF format) from NAACP Legal Defense Fund
http://www.naacpldf.org/files/case_issue/NAACP%20LDF%20Open%20Letter%20to%20Judge%20Maura%20McShane.pdf
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[laserhaas]

1. are we allowed to edit the excerpt with html (to supply the links as exact in the story)?

Just need to know....

[NYC_SKP]

40. I think you are fine with the way you've posted this.

And thanks for posting.

Recommended!

[laserhaas]

42. Thanks.

Just wish it had NAACP - by the reporter - in the title.

Especially with all the (unfortunate) coverage that nym is receiving today.

[yeoman6987]

2. Where is the Justice Department's investigation?

That is what I am interested in. The Justice Department comes out strong and then seems to disappear.

[laserhaas]

3. IMO the DOJ was there, simply to calm things down.

However- I did hear that the DOJ is still at it - in Trayvon Martin's case.

[msanthrope]

14. The Federal Grand Jury continues to meet. If a state prosecution restarts, then the Federal one

will probably suspend as to Wilson, but continue as to the police department.

[msanthrope]

13. The Federal Grand Jury continues to meet. nt

[laserhaas]

4. Also - is it consider wrong - for me to insert {NAACP} into the title

In my opine - I think the reporter should have written it as

NAACP Letter Seeks New Ferguson Investigation

[Voice for Peace]

10. What matters is conveying the information accurately and as simply as possible.

If you are breaking rules otherwise someone will be sure to let you know.
By which I mean you probably don't need to worry.

[laserhaas]

11. Okay. Just think it would garner more attention if NAACP was titled

Thanks

[BrotherIvan]

5. Glad so many are trying to right this terrible wrong!

[Vattel]

6. Good job NAACP!. I hope it works.

[underpants]

7. Wow what a non-answer

Jeez.

[99th_Monkey]

8. K ^ R - Awesome. This needs to happen. nt

[SunSeeker]

9. That exchange between the Grand Juror and D.A. Alizadeh is unfuckingbelievable.

She might as well have come right out and told them not to indict.

[still_one]

12. Does double jeopardy come into play if prosecutor knowingly presented false testimony?

[msanthrope]

15. No. There was no trial. nt

[still_one]

18. Thanks

[Gore1FL]

19. Wilson never wasn't charged with anything and didn't have a trial.

There is no double jeopardy possible until he is charged and acquitted. At that time attempts to re-charge and re-try would be double jeopardy.

On Edit: I see this was already answered. Ooops!

[still_one]

20. no problem, I appreciate the detail

[Gothmog]

26. No jeopardy attaches in grand jury proceeding

Double jeopardy does not apply here

[Recursion]

34. Jeopardy never attaches to a grand jury proceeding

A prosecutor can present over and over and over again if he wants

[brush]

41. There was no jeopardy at all since there was 'no bill'.

Another grand jury can be convened, hopefully with a special prosecutor.

[laserhaas]

43. And that such a prosecutor give a dang about seeking what's right and true

[NV Whino]

16. I think the main reason for the current lawsuit is to allow grand jury testimony

In the event of a trial. There are all sorts of things going on against this miscarriage of justice, and it gives me hope that there may, at some point, be justice for Michael Brown.

[laserhaas]

17. Manifest Injustice - stares U.S. right in the face

and laughs to scorn.

[BeanMusical]

21. I sure hope so but won' hold my breath.

[pnwmom]

22. This is Palin-worthy gibberish! Congrats to Ms. Alizadeh!

I had thought Sarah was unequalled in the gibberish department but I was wrong. She has a peer.

[laserhaas]

23. Ha Ha "Palin-worthy gibberish"

We have some great coiners of phrasing here at DU!

[calimary]

44. Reminds me of something that could also have come off donald rumsfeld's twisted tongue.

All those "I don't know's" - did those constitute known unknowns or unknown unknowns?

[laserhaas]

45. wow...the hits keep coming

Known. Unknowns

Or unknown u.unknowns

Like Rice saying they never considered planes could hit the towers

[calimary]

46. Oh man, that loon!

"I don't think... anyone could... have... predicted... " God, I remember that! contradicta. I remember that pathetic woman uttering that statement. I think it was during the 9/11 hearings when she finally had to drag her pathetic ass to the hearing chambers to testify after a long and fierce fight to spare her such an awful inconvenience. Asserting a negative statement while nervously nodding her head up and down in an unconscious "yes." She always talked that way! A real psychological study, that one. She'd say "no" while nodding her head "yes." And she'd assert a "yes" statement while shaking her head "no." I would marvel at that when I watched it, and she did it MANY times. And she spoke in such a weird way. Over-enunciating words like "indeed" (probably to make herself sound smarter or more assertive) and so haltingly one could easily imagine somebody suddenly sticking their hand up the back of her skirt. She always sounded to me as though she was being goosed!

Everyone went on and on about the towering intellect and the brains of ms. contradicta. Gush, gush, and more gush.

I always found myself saying - "WHAT brains? WHAT 'towering intellect'?" A "Sovietologist" put in a national security and foreign policy position long after the Soviet Union ceased to exist. Wow. Color me NOT impressed. Not then, not now. She struck me as a whole lotta know-nothing - except perhaps her expertise in covering for, and otherwise protecting her "husb ... I mean ... the President..."

[laserhaas]

47. awh..man....Now I'm going to have to

Watch C Rice videos and.look at her diametrics

Shheeessshhhh

[blkmusclmachine]

24. ,

,

[Kalidurga]

27. I think this is great except...

I think the NAACP is not going far enough. Yes, Darren Wilson is a cold blooded murderer and I want to see him behind bars. As bad as he is though he is not the worst player in this miscarriage of justice. McCulloch and his crew also should be looking at charges, I don't know what the criminal law is in cases like this where lawyers break the law, but I don't think jail time would be inappropriate. At the very least they should all be disbarred.

[laserhaas]

28. concur!

[hopemountain]

29. the naacp is out for justice

and having mcculloch "and his crew" investigated will open the doors for disbarrment - or so it seems to me.

[FreakinDJ]

31. Prosecutors and Judges have Impunity by Law

But can be disbarred

Nice to know they are Above the Law as they look down in contempt and pass judgement

[davidpdx]

30. I hope it reopens the investigation and also leads to an investigation of McCullogh

and the other prosecutor.

[malokvale77]

32. It would be nice if the Democratic Party...

would boot this miscreant.

[davidpdx]

33. Yeah, it would

But I doubt there is any way they can force him to leave the party other than to try to disown him.

[malokvale77]

35. At the least...

They could refuse funding to his campaigns and fund a more desirable candidate.

[Madmiddle]

36. It's a misjustice in this country for people to just stand

by and watch this go on when collectively we know what happened. Our justice system is smashed in this country when prosecutors can act this dishonest and come out publically excusing themselves.

[Thespian2]

37. K & R

Sincerely hope the NAACP is able to get McCulloch and his incompetents disbarred so they cannot repeat this miscarriage of justice. We will have to keep watching.

[laserhaas]

38. very strange and stupid, this bombing stuff.

Hope the FBI gets their person ...swiftly!

[niyad]

39. that word salad of ms. alizadeh's was worthy of our favourite grifter.

[laserhaas]

48. UPdates noted above - were brought to my attention

If there are any other items - Please advise?