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In reply to the discussion: Lawrence O'Donnell uncovers shocking prosecutorial misconduct. (Wilson grand jury.) [View all]JonLP24
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Chad Flanders, a Saint Louis University law professor
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Flanders said the prosecutors in the grand jury actually were wrong to say Garner trumps the law. Garner was the constitutional standard for a civil lawsuit. Missouri does not have to criminalize all police action that is unconstitutional. So, Flanders and other lawyers believe the state law still is in effect.
If Wilson had been indicted using the Garner rule against shooting an unarmed fleeing felon, he could have challenged any conviction by relying on the Missouri law that permits an officer to shoot an unarmed suspect.
Said Flanders: If the attorneys had to go out of their way to explain why they shouldnt be following Missouri law on the books, then we should just change the law. After all, the jurors understandably may have been confused as to why they were being asked to just disregard the Missouri law.
http://news.stlpublicradio.org/post/grand-jury-wrangled-confusing-instructions