Welcome to DU! The truly grassroots left-of-center political community where regular people, not algorithms, drive the discussions and set the standards. Join the community: Create a free account Support DU (and get rid of ads!): Become a Star Member Latest Breaking News Editorials & Other Articles General Discussion The DU Lounge All Forums Issue Forums Culture Forums Alliance Forums Region Forums Support Forums Help & Search
 

pintobean

(18,101 posts)
Sat Oct 17, 2015, 09:32 AM Oct 2015

Ex-ACLU staff attorney kicked off grand jury in St. Louis County

Source: St. Louis Post-Dispatch

CLAYTON • A man who filed Ferguson-related lawsuits when he was an ACLU attorney has been removed from serving on a St. Louis County grand jury, apparently after Prosecuting Attorney Robert McCulloch complained about him.

Circuit Judge Steven Goldman removed the grand juror on Sept. 28, less than two weeks after the man began serving as jury foreman and considering dozens of cases.

According to a suit filed Friday morning, the man — using the pseudonym John Roe — wants St. Louis County to put him back on the grand jury. The suit was filed by the American Civil Liberties Union, where the unidentified man worked as a staff attorney until March.

“The grand juror didn’t do anything wrong,” said Jeffrey Mittman, executive director of the ACLU of Missouri.

A transcript of the meeting Goldman had with the grand juror was filed Friday under seal. However, portions of what was said are included in the ACLU’s suit. It claims Goldman called the grand juror into his office to say there “potentially” was a conflict and that he would be removed.

Read more: http://www.stltoday.com/news/local/crime-and-courts/ex-aclu-staff-attorney-kicked-off-grand-jury-in-st/article_4bf3f39c-5130-5d41-b05e-42a6bc58779c.html

35 replies = new reply since forum marked as read
Highlight: NoneDon't highlight anything 5 newestHighlight 5 most recent replies
Ex-ACLU staff attorney kicked off grand jury in St. Louis County (Original Post) pintobean Oct 2015 OP
The 'conflict' is that he understands the law too well. nt Erich Bloodaxe BSN Oct 2015 #1
Beat me to it. hobbit709 Oct 2015 #3
If he filed lawsuits against the county pintobean Oct 2015 #4
I assume this is sarcasm. Filing civil suits makes him ineligible for criminal grand juries? No. Shrike47 Oct 2015 #10
No, it's not sarcasm pintobean Oct 2015 #11
Not an attorney, I see. Grand juries are supposed to be random picks, not hand-chosen stamps. Shrike47 Oct 2015 #18
By your logic the prosecutor has a conflict of interest Tempest Oct 2015 #12
Tell it to the judge pintobean Oct 2015 #15
Yep. catrose Oct 2015 #5
The Dumbing Down of America in Action Roy Rolling Oct 2015 #2
I'm sure everyone would be equally cool with this if the guy was a lawyer for the hughee99 Oct 2015 #6
or a prosecutor pintobean Oct 2015 #7
Agreed. People only think having a lawyer on a jury is a good idea hughee99 Oct 2015 #8
Agreed Travis_0004 Oct 2015 #27
I would be Tempest Oct 2015 #13
This does not follow, at all, from my logic... hughee99 Oct 2015 #16
"City councils hearings are public record" Tempest Oct 2015 #20
In my town, they are televised on local access tv, hughee99 Oct 2015 #21
The man was discharged because the prosecutor didn't want him, contrary to the law. Shrike47 Oct 2015 #9
The prosecutor lied to the judge Tempest Oct 2015 #14
The ACLU is lying to a reporter pintobean Oct 2015 #17
Except the ACLU can prove it Tempest Oct 2015 #19
So you'd be okay if this known corrupt hughee99 Oct 2015 #22
Don't know what you're talking about Tempest Oct 2015 #24
You said above that having lawyers on your jury didn't bother you. hughee99 Oct 2015 #32
Lol pintobean Oct 2015 #23
The National Bar Association seems to think his is Tempest Oct 2015 #25
Don't confuse them with the ABA pintobean Oct 2015 #26
Agreed and living in the area it seems to me he tries to be, justhanginon Oct 2015 #28
Attorney's almost never serve on a jury StoneCarver Oct 2015 #29
Maybe he can run against and defeat McCulloch Jack Rabbit Oct 2015 #30
McCulloch wins in landslides pintobean Oct 2015 #31
Now you know where the expression "Fuck the Police" comes from. They deserve it. Police are not here whereisjustice Oct 2015 #33
Um.. pintobean Oct 2015 #34
Fucking shady blackspade Oct 2015 #35

Shrike47

(6,913 posts)
10. I assume this is sarcasm. Filing civil suits makes him ineligible for criminal grand juries? No.
Sat Oct 17, 2015, 11:41 AM
Oct 2015

Shrike47

(6,913 posts)
18. Not an attorney, I see. Grand juries are supposed to be random picks, not hand-chosen stamps.
Sat Oct 17, 2015, 12:55 PM
Oct 2015

Tempest

(14,591 posts)
12. By your logic the prosecutor has a conflict of interest
Sat Oct 17, 2015, 12:17 PM
Oct 2015

After all, he's the one who decides which cases the grand jury hears and he or his office are the ones who prosecutes them.

The lawyer files lawsuits on behalf of his clients or company, not on his own behalf. This sets a bad precedence and looks a lot like jury stacking and tampering by the prosecutor.

 

pintobean

(18,101 posts)
15. Tell it to the judge
Sat Oct 17, 2015, 12:26 PM
Oct 2015

who tossed the guy. I'm sure he just did it on a whim, and fails to see your clear logic.

catrose

(5,365 posts)
5. Yep.
Sat Oct 17, 2015, 10:32 AM
Oct 2015

The prosecutors want to explain the law to the G J without conflicting views. There's a mechanism to recuse yourself from individual cases where you might have a conflict of interest. So they don't need to throw him off after he's been seated.

Roy Rolling

(7,632 posts)
2. The Dumbing Down of America in Action
Sat Oct 17, 2015, 09:48 AM
Oct 2015

He was obviously too smart to believe the fiction the District Attorney was trying to peddle.

hughee99

(16,113 posts)
6. I'm sure everyone would be equally cool with this if the guy was a lawyer for the
Sat Oct 17, 2015, 11:04 AM
Oct 2015

the Heritage Foundation, the Koch Brothers, or the NRA, right?

 

pintobean

(18,101 posts)
7. or a prosecutor
Sat Oct 17, 2015, 11:09 AM
Oct 2015

I'm sure the ACLU would be cool with any of those serving on the grand jury, especially as foreman.

hughee99

(16,113 posts)
8. Agreed. People only think having a lawyer on a jury is a good idea
Sat Oct 17, 2015, 11:12 AM
Oct 2015

when they believe it will be beneficial to the outcome they're hoping for.

 

Travis_0004

(5,417 posts)
27. Agreed
Sat Oct 17, 2015, 04:55 PM
Oct 2015

I was excused from jury duty on a case that involed accounting fraud (I'm an accountant).

I don't think its that they want a dumb person, they want somebody who will listen to the facts presented, and rule on that.

As an accountant, if I was on the jury there would be times when I would want to raise my hand and ask my own questions, and during ruling there are laws and regulations that I would think about during deliberations, even if the judge didn't allow those arguments (for good reason)

Tempest

(14,591 posts)
13. I would be
Sat Oct 17, 2015, 12:21 PM
Oct 2015

There's absolutely no reason to keep someone off a jury just because of who they work for.

If there's suspicions of wrongdoing by the person, then you investigate.


By your and others logic, it would be perfectly fine to prevent gun owners or NRA members from serving on city councils because local gun control laws may be considered.

hughee99

(16,113 posts)
16. This does not follow, at all, from my logic...
Sat Oct 17, 2015, 12:34 PM
Oct 2015

My concern, as anyone else's concern should be, is that there will be someone in the private jury deliberations giving legal instructions and definitions other than those provided by the judge, and it may be someone predisposed to push one agenda or another.

City councils hearings are public record and there members are elected in public elections.

Tempest

(14,591 posts)
20. "City councils hearings are public record"
Sat Oct 17, 2015, 01:26 PM
Oct 2015

You sure don't know much about city councils.

Do a Google search on the number of decisions city councils make behind closed doors and without revealing the deliberations on how the decisions are made.

A local city council in my area is currently being sued for a closed door decision on a zoning change they failed to record.

hughee99

(16,113 posts)
21. In my town, they are televised on local access tv,
Sat Oct 17, 2015, 01:40 PM
Oct 2015

And held in a large facility open to the public. Anyone can attend in person or watch on tv if they want.

This is true of the towns around my area as well.

Shrike47

(6,913 posts)
9. The man was discharged because the prosecutor didn't want him, contrary to the law.
Sat Oct 17, 2015, 11:39 AM
Oct 2015

The judge and the county were wrong, and will pay for their error. Good.

Tempest

(14,591 posts)
14. The prosecutor lied to the judge
Sat Oct 17, 2015, 12:26 PM
Oct 2015

From the article:

The prosecutor also told Goldman, according to the suit, that the grand juror had been involved in a case challenging the way McCulloch handled grand jury proceedings in which a decision was made not to indict Ferguson police Officer Darren Wilson in the killing of Michael Brown. But the ACLU also said that neither it nor Roe was part of that case.


It sure looks like the judge failed in performing due diligence in investigating the prosecutor's claims against the juror. Once again showing that the St. Louis County criminal justice system is deeply flawed and corrupt.

 

pintobean

(18,101 posts)
17. The ACLU is lying to a reporter
Sat Oct 17, 2015, 12:34 PM
Oct 2015

See how that works?

One side makes their claim to the judge, in court, with their identity known. The other side makes an anonymous claim to a reporter. You choose to believe the side that can't be penalized.

Tempest

(14,591 posts)
19. Except the ACLU can prove it
Sat Oct 17, 2015, 01:22 PM
Oct 2015

There would be documents showing they were party to the lawsuit.

Documents the judge would be able to review. He didn't. He failed in performing due diligence.


Why are you so eager to defend a known corrupt prosecutor?

Tempest

(14,591 posts)
24. Don't know what you're talking about
Sat Oct 17, 2015, 03:56 PM
Oct 2015

Are you saying the lawyer who was kicked off is known to be corrupt?

hughee99

(16,113 posts)
32. You said above that having lawyers on your jury didn't bother you.
Sat Oct 17, 2015, 06:35 PM
Oct 2015

What would you think if the prosecutor in THIS case was on a jury?

 

pintobean

(18,101 posts)
23. Lol
Sat Oct 17, 2015, 02:21 PM
Oct 2015

He's not a "known corrupt prosecutor", you think he's corrupt. Holder's DOJ report came to the same conclusions as McCulloch's grand jury.

 

pintobean

(18,101 posts)
26. Don't confuse them with the ABA
Sat Oct 17, 2015, 04:05 PM
Oct 2015

The NBA is an activist group.

Yes, I support him, along with the 95% of voters who re-elected him last November.

justhanginon

(3,381 posts)
28. Agreed and living in the area it seems to me he tries to be,
Sat Oct 17, 2015, 05:14 PM
Oct 2015

given the law, pretty even handed.

 

StoneCarver

(249 posts)
29. Attorney's almost never serve on a jury
Sat Oct 17, 2015, 05:19 PM
Oct 2015

Calm down people. He was just taken off the jury it the effort of fairness. He should have never been put on a jury. Attorney's know when they are called up most likely -they will NEVER EVER be put on a jury. Like it or not. I've sat on jury duty with attorney's who are pissed they are wasting their time -because they will never serve. It's just that simple. Spend your time on more important things.
Stonecarver

Jack Rabbit

(45,984 posts)
30. Maybe he can run against and defeat McCulloch
Sat Oct 17, 2015, 06:12 PM
Oct 2015

I think replacing McCulloch with an ACLU attorney would be be a sweet manifestation of Karma.

whereisjustice

(2,941 posts)
33. Now you know where the expression "Fuck the Police" comes from. They deserve it. Police are not here
Sat Oct 17, 2015, 08:18 PM
Oct 2015

to serve and protect. They are here to get their shit on.

Latest Discussions»Latest Breaking News»Ex-ACLU staff attorney ki...