How A Prosecutor Managed To Blame A 12-Year-Old For Getting Killed By A Cop - HuffPo

[WillyT]

How A Prosecutor Managed To Blame A 12-Year-Old For Getting Killed By A Cop
Tamir Rice was not on trial, but he might as well have been.
Daniel Marans - The Huffington Post
12/28/2015 11:22 pm ET

<snip>

Although a grand jury declined to indict the two Cleveland police officers involved in the shooting of 12-year-old Tamir Rice, Cuyahoga County Prosecutor Timothy McGinty wasn’t exactly acting like a someone who had suffered a major legal failure.

At a press conference on Monday, McGinty made no secret of the fact that he agreed with the decision, admitting that he had recommended to the grand jury that it not indict officers Timothy Loehmann and Frank Garmback.

The prosecutor had already attempted to convince the grand jury not to indict the men, commissioning expert reports that called their guilt into question and then leaking those reports to the media. As The Huffington Post’s Cristian Farias wrote, McGinty “turned the grand jury in the Tamir Rice case into his plaything.”

But on Monday, he didn't merely suggest that the police officers' use of force against Rice was justified. He selectively used information to excuse and defend their actions, and implicitly blamed the unarmed African-American boy who was killed -- something that is all too common in police killings.

Here are some of McGinty’s most questionable claims and observations:

<snip>

More: http://www.huffingtonpost.com/entry/tamir-rice-timothy-mcginty_5681d451e4b014efe0d91562

[irisblue]

1. flat out racism

a cop doesn't have to be guilty beyond a reasonable doubt, they have to be guilty beyond all doubt.

[Bettie]

9. Even if they are guilty beyond all doubt

they get off because...reasons.

[flamin lib]

2. What really chaps my ass is

that both cops said the same thing on their incident reports: "He was told to put the gun down three times." How the hell could that happen when the shooting took place in less than two seconds? Why aren't they being prosecuted for perjury?

The same goes for the 9 officers who witnessed the shooting of Laquan McDonald (shot 16 times while walking AWAY from the police). Every one of them said, in the incident report, that he was running at the officer. Why isn't anyone being prosecuted for lying in an official report?

This "Brotherhood of Blue" is really the "Brotherhood of Bullshit".

[3catwoman3]

4. Precisely.

Exactly WHEN did they have time to say that 3 times? They didn't.

[Lizzie Poppet]

5. Agreed: that was flat-out perjury.

[HughBeaumont]

7. Maybe they have auctioneer vocal skills.

Or maybe they're just flat out lying their balls off.

[hughee99]

10. I doubt any police officer could even say "put down the gun" three times in two seconds

and say it clear enough that anyone could understand it, but that's not it. In 2 seconds they supposedly not only said it 3 times, but they also gave the Rice time to respond AND determined that he was taking too long.

If this wasn't (what should have been) a murder trial, that should have been laughed out of court.

[daleanime]

15. +1

[saturnsring]

3. mcginty can be voted out - he's is up for re-election

[KeepItReal]

6. A judge told the Prosecutor there were criminal charges possible. Prosecutor didn't give a damn.

A judge in Cleveland ruled Thursday that probable cause existed to charge two Cleveland police officers in the death of a 12-year-old boy, Tamir Rice, but the judge also said he did not have the power to order arrests without a complaint being filed by a prosecutor.

In his ruling, Judge Ronald B. Adrine, presiding judge of the Municipal Court, found probable cause to charge Officer Timothy Loehmann, who fired the fatal shot, with murder, involuntary manslaughter, reckless homicide and dereliction of duty. He also found probable cause to charge Officer Loehmann’s partner, Officer Frank Garmback, with negligent homicide and dereliction of duty.

“This court determines that complaints should be filed by the prosecutor of the City of Cleveland and/or the Cuyahoga County prosecutor,” Judge Adrine wrote.

The county prosecutor, Timothy J. McGinty, has been handling the case, and although Judge Adrine’s ruling is not binding, it puts added pressure on Mr. McGinty in a closely scrutinized case.

http://www.nytimes.com/2015/06/12/us/judge-finds-probable-cause-to-charge-officers-in-tamir-rice-death.html?_r=0

That prosecutor is a disgrace.

[MisterP]

8. not a Dem, this time (though he was for years until a few weeks ago)

http://fox8.com/2015/12/05/cuayhoga-county-prosecutor-timothy-mcginty-denied-democratic-party-recommendation-from-ward-leaders/
http://www.cleveland.com/metro/index.ssf/2015/12/democratic_ward_leaders_recomm.html
http://www.cleveland.com/naymik/index.ssf/2012/04/cuyahoga_county_prosecutors_ra_1.html

this is where the rot in the party begins, as with Ferguson and Chicago--and any Pub can immediately saddle the national party with their corruption and bloodlust

[Gothmog]

11. This prosecutor rigged the process to get the officiers off

[Orrex]

23. Absolutely--and did you see his statement afterwards?

He was absolutely crowing about the jury's decision not to indict, as though it's a great reaffirmation of a cop's inalienable right to murder a child.

What a sick fuck.

[Takket]

12. here's the deal with stories like this.........

The prosecutors are corrupted by racism and fear of the cops themselves. In what proportion is up for debate.

These people deal with cops day in and day out and sending a cop to prison would make their job difficult if not impossible. Look how bad it got for Deblasio just because he made a comment about being worried about his own children. Imagine what a living hell it would be if he actually got a cop convicted and sent to prison??????

So the problem isn't just the prosecutors, it is the dysfunctional Grand Jury system that allows them to even rig the process in the first place. to make the criminal justice service work there is a "marriage" between the police that investigate crimes and the DA's office that prosecutes the accused. Asking one to work against the other is like asking a wife to prosecute her own husband, and you expect a non-biased and impartial result??????????

There should be an independent federal commission with lawyers whose sole purpose is to take part in the Grand jury system for cases involving police officers. That way you don't have a local prosecutor, at the mercy of local voters, who has "skin in the game" as to what outcome he/she would prefer.

[mountain grammy]

13. Sickening. McGinty should be voted out of office..

the entire case stinks.

[blackspade]

14. fucking prick

he should be disbarred.

[lark]

16. Sickening collusion

The police did it, therefore it's justifiable and facts don't matter, nor will they be brought up in trial. Sounds exactly like what happened with Trayvon Martin's case in FL.

[nyabingi]

17. Our criminal justice system

has been a sham from day one in regards to Black Americans and it continues to be even more so today.

The police forces of this nation are nothing but tax-payer funded terrorists out there killing young Black men for fun and sport (and I'm saying this based on the many times e-mails have been uncovered showing these cops making blatantly racially-biased comments to each other) and the seriousness of this problem cannot be stressed enough.

We share a country, but the Black communities of this nation are literally being terrorized and killed by agents of the state and it leads me to believe that it is not worth sharing this country at all if nothing can be done about it. Funnel all of my state and local tax dollars into a separate fund to hire young jobless Black men in their communities as armed security, and keep the racist cops on their own side of town. In fact, set up neighborhood courts and rehabilitation centers because the whole criminal justice system is designed to send young Black men either to prison or to their grave.

I'd feel safer seeing some young former Blood or Crips members patrolling my neighborhoods than today's uniformed police officers.

[world wide wally]

18. Face it prosecutor, you're probably going to rot in hell too

[TipTok]

19. Lots of bad decisions prior to the actual shooting led to this..

... Not the least of which was carrying that 'toy' like he was.

[WillyT]

20. Evening Kick !!!

[cigsandcoffee]

21. Maybe he thought it was a criminal case that couldn't be won.

...and that a long, drawn out court drama with racial implications could further divide and harm the city. He may have been persuaded that it was better to "nip it in the bud" and let internal discipline fire the officers quietly.

Just throwing it out there.

[KeepItReal]

22. See post #6

He was told by a judge there were plenty of criminal charges he could prosecute both officers on.

[cigsandcoffee]

24. That judge responded to a petition from activists, and wasn't part of the grand jury proceedings.

That's why his ruling is basically a suggestion.

What I think is more likely is that McGinty's bosses at City Hall came to the conclusion that this case wouldn't be winnable, that it would cost a fortune in security for the city, further divide the city, and end in tears for just about everyone when the officers were inevitably acquitted by a jury.

This was not an easy situation for Cleveland.