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avebury

(11,197 posts)

51. I don't actually think that they would charge the person

Mon Jan 5, 2015, 06:50 PM

Jan 2015

if he/she speaks out because it just is not in the best interest of the Prosecutor's office to do so. I think that they would have a really hard time getting a conviction and all the dirt from the grand jury hearing would come out as a part of the court record for any case they file against the juror.

I hope that the juror wins his/her case and is protected from any prosecution but, it being Missouri, I would not hold my breath. One of the biggest arguments on the juror's side is why should on the Prosecutor's office have the right to speak out?

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Grand Juror Sues McCulloch, Says He Mischaracterized the Wilson Case [View all] Bjorn Against Jan 2015 OP

That's an interesting turn of events. Hoyt Jan 2015 #1

Sue for what, and can she sue a public official? I can see how the families can file civil rights still_one Jan 2015 #2

Of course you can sue public officials Bjorn Against Jan 2015 #3

got it, thanks still_one Jan 2015 #12

Sue to allow grand jurors on that case to talk about it. LiberalFighter Jan 2015 #4

thanks still_one Jan 2015 #9

Sue to be able to speak out on the GJ proceeding 4139 Jan 2015 #5

Transparency is *always* a good thing. Feral Child Jan 2015 #10

The grand juror lacks legal standing. ColesCountyDem Jan 2015 #6

Psychological damage? Feral Child Jan 2015 #8

No harm? Pantagruelsmember Jan 2015 #11

She can claim and prove harm to her reputation and character cosmicone Jan 2015 #14

Your signature quote speaks to the juror's need to make the proceedings public. displacedtexan Jan 2015 #15

What? Elmer S. E. Dump Jan 2015 #17

I disagree ... 1StrongBlackMan Jan 2015 #19

I, too, cannot see how the juror has any standing in federal court (or state court), branford Jan 2015 #30

Of course the grand juror is being harmed as their first amendment rights are being restricted. PoliticAverse Jan 2015 #60

Butterworth was a witness, not a grand juror. ColesCountyDem Jan 2015 #84

Since the prosecutor released info to the public, those that have discovered AtheistCrusader Jan 2015 #34

What legally protectable interest does the grand juror have? ColesCountyDem Jan 2015 #37

Federal question jurisdiction. Plaintiff's right to free speech is being abridged. John1956PA Jan 2015 #45

Your argument assumes the grand juror has a right to speak about the proceedings. ColesCountyDem Jan 2015 #46

Butterworth v. Smith, 494 U.S. 624 (1990), gives the witness the right to speak after adjournment. John1956PA Jan 2015 #50

And I would counter with Federal Rules of Criminal Procedure Rule 6(e)(2)(B)(i). ColesCountyDem Jan 2015 #53

First, that rule is federal, not state. Jim Lane Jan 2015 #57

I realize it's a federal rule, but the point is... ColesCountyDem Jan 2015 #63

Ah...but you haven't considered the intervenors. nt msanthrope Jan 2015 #64

Why would I? ColesCountyDem Jan 2015 #65

How does this juror not have standing? They were handed three statutes and threatened with msanthrope Jan 2015 #66

Do you know what standing is? ColesCountyDem Jan 2015 #67

Um...as a criminal defense attorney who has practiced in both state and federal court, yes. msanthrope Jan 2015 #68

No, I'm applying it correctly. ColesCountyDem Jan 2015 #74

You are very carefully ignoring the threat of prosecution described in the Complaint. That, my msanthrope Jan 2015 #77

I'm not ignoring it-- it simply isn't there. ColesCountyDem Jan 2015 #78

You and I (and the ACLU) will have to agree to disagree. nt msanthrope Jan 2015 #79

Indeed. n/t ColesCountyDem Jan 2015 #83

Plaintiff would argue that her standing is equivalent to plaintiff's in Butterworth v. Smith. John1956PA Jan 2015 #69

Note, too, that the Plaintiff has already been threatened with prosecution--- msanthrope Jan 2015 #70

Every grand jhuror is threatened with prosecution, if the reveal details of the proceedings. ColesCountyDem Jan 2015 #75

Standing is different from the merits Jim Lane Jan 2015 #88

I'm aware of what standing is. ColesCountyDem Jan 2015 #90

You and I have different views of standing. Jim Lane Jan 2015 #91

We do indeed. ColesCountyDem Jan 2015 #92

Butterworth involved a witness, a reporter, not a grand juror. ColesCountyDem Jan 2015 #76

Your argument is essentially that grand juries violate the First Amendment. branford Jan 2015 #47

Lawsuit seeks to have juror exempted from the MO law requiring that he/she remain silent. John1956PA Jan 2015 #7

Off topic. Feral Child Jan 2015 #13

WOW ... 1StrongBlackMan Jan 2015 #16

I still have hope for justice in this case.. mountain grammy Jan 2015 #18

Post removed Post removed Jan 2015 #20

Who is this "some" you speak of? starroute Jan 2015 #23

Results bravenak Jan 2015 #25

Not sure I see how jurors justify hiding a post because they disagree with it. Dark n Stormy Knight Jan 2015 #55

No, the dual NY police killing was not a reflection of Ferguson. vkkv Jan 2015 #24

Gutsy post, sad but true. nt brush Jan 2015 #26

Nothing "gutsy' about it heaven05 Jan 2015 #27

It was stupid. bravenak Jan 2015 #29

I agree that no one wants dead cops . . . brush Jan 2015 #39

I was just disagreeing with the justice part. bravenak Jan 2015 #43

I interpreted it differently brush Jan 2015 #36

Post deleted. I admit when I'm wrong. Feral Child Jan 2015 #52

Again, please see my reply to bravenak above brush Jan 2015 #56

Post deleted. I admit when I'm wrong. Feral Child Jan 2015 #58

Unbelievable! brush Jan 2015 #62

Post deleted, I admit when I'm wrong. Feral Child Jan 2015 #85

The cop killer was obviously crazy brush Jan 2015 #87

Bullshit. Killing those random cops wasn't "justice" of any kind, and only an idiot would think so. arcane1 Jan 2015 #32

Well, look up Khadijah Lynch of Brandeis U, who had "no sympathy" for the cops, 7962 Jan 2015 #80

An apology to DUer "brush" Feral Child Jan 2015 #48

Pls see my reply to bravenak above. nt brush Jan 2015 #49

Only dumb-asses and/or people with an agenda would say that "Justice Has Been Dispensed". arcane1 Jan 2015 #31

I was going to comment on how this juror could not have known what was going on, until I niyad Jan 2015 #21

BINGO!!! Even if she doesn't speak the proffering of the Lawsuite speaks even louder... uponit7771 Jan 2015 #22

Where is the popcorn? blackspade Jan 2015 #28

All Juror Doe needs to do is say just enough in avebury Jan 2015 #33

If the decision was made to prosecute the grand juror, branford Jan 2015 #35

Why would anyone want to be charged with a crime Curmudgeoness Jan 2015 #38

I don't actually think that they would charge the person avebury Jan 2015 #51

What is the penalty lancer78 Jan 2015 #40

Why is the prosecutor allowed to discuss the GJ..... daleanime Jan 2015 #41

I think this is the reason the lawsuit has a real chance of succeeding Bjorn Against Jan 2015 #42

better link alp227 Jan 2015 #44

"The county prosecutor admits that some of the witnesses were lying" wordpix Jan 2015 #89

The more attention brought to this troubling matter - the Better! laserhaas Jan 2015 #54

Kicked Enthusiast Jan 2015 #59

The process was flawed and designed to produce a no bill Gothmog Jan 2015 #61

Add criminal charges for misuse of public office. DeSwiss Jan 2015 #71

Wow! K&R Number23 Jan 2015 #72

Fighting Court Secrecy, Ferguson Juror Sues to Break Gag-Order Judi Lynn Jan 2015 #73

Despite my personal doubts and misgivings about standing, injury and other matters branford Jan 2015 #81

If McCulloch had nothing to hide, he wouldn't insist on a gag rule. n/t. Ken Burch Jan 2015 #82

The grand jury secrecy rule is state law, and consistent nationwide. branford Jan 2015 #86