General Discussion
In reply to the discussion: I think Wilson is a bad cop, quite possibly a racist, but I also think this was an unwinnable case. [View all]JonLP24
(30,001 posts)about grand juries in general and why this was better. How often does this happen -- http://www.nytimes.com/interactive/2014/11/25/us/evidence-released-in-michael-brown-case.html
One of the things that makes it atypical is usually everything is kept in the dark. Here, you can see for yourself where the jury went wrong.
Why did Regina Kelly do this?
When an issue is raised regarding the disclosure of grand jury information in an appeal from a conviction, the issue is plainly a matter of criminal law governed by the statutes and rules generally applicable to appeals in criminal cases. See e.g. Bynum v. State, 767 S.W.2d 769, 781-83 (Tex.Crim.App.1989); Legate v. State, 52 S.W.3d 797, 803-04 (Tex.App.-San Antonio 2001, pet. ref'd). The question presented here is whether such an issue becomes a civil law matter if it is pursued after a criminal prosecution has been dismissed.
Kelly contends that this proceeding is "civil in nature" because: (1) the San Antonio Court of Appeals has treated a similar proceeding in this fashion; (2) this proceeding did not arise during the pendency of a criminal prosecution; (3) this proceeding does not "concern the administration of penal justice;" (4) the State has not participated in this proceeding and only "private parties to underlying federal civil litigation" have appeared in opposition to her request for disclosure; and (5) she cannot obtain the relief sought via habeas corpus. Although we agree that some of these statements are true, we do not agree that they state a valid basis for concluding that a post-dismissal request for disclosure of grand jury proceedings under article 20.02 is a civil matter or that this Court has appellate jurisdiction to review the denial of such a request.
https://www.courtlistener.com/opinion/1577284/kelly-v-state/
Who is Regina Kelly?
Regina Kelly v. John Paschall, was filed on behalf of 15 African-American residents of Hearne who were indicted in November 2000 on drug charges after being rounded up in a series of unlawful paramilitary drug "sweeps." The case closely resembles the notorious 1999 drug bust scandal in nearby Tulia, where 45 people -- all but three of them African-American -- were arrested and indicted on bogus drug charges.
According to the ACLU's complaint, "for the past 15 years, based on the uncorroborated tales of informants, Task Force members annually raid the African American community in eastern Hearne to arrest the residents identified by the confidential informants, resulting in the arrest and harassment of innocent citizens without cause."
Of the ACLU clients named in today's complaint, one man was arrested at the funeral of his 18-month-old daughter and held for a month before charges were dropped. Others were able to show through time cards and witnesses that they were at work during the time they were accused of participating in drug deals.
"Cases like Hearne and Tulia begin to explain the troubling fact that America has more black men in prison than college," Boyd said. "The ACLU is calling for an end to racial profiling in drug arrests, both in Texas and throughout the nation."
https://www.aclu.org/drug-law-reform/aclu-charges-racial-discrimination-second-texas-drug-bust-scandal
That should as well as anything highlight the problems with the grand juries as they're typically used.