This Letter Could Restart The Case Against Darren Wilson [View all]

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Last edited Thu Jan 8, 2015, 02:05 PM - Edit history (1)

Source: Think Progress website noting NAACP letter

The NAACP Legal Defense Fund* wrote an open letter to Missouri Judge Maura McShane asking her to investigate Ferguson prosecutor Bob McCulloch and his team for misconduct. The NAACP notes that, under Missouri law, McShane has the authority to investigate McCulloch and appoint a new special prosecutor to handle the case against Darren Wilson. Such a move would effectively restart the case against Wilson for killing Michael Brown, after no charges were filed against Wilson during last year’s grand jury proceeding.

1. McCulloch and his team “knowingly presented false witness testimony to the grand jury.” McCulloch admitted this on a radio interview on December 19. The NAACP notes this is likely a violation of the Missouri Rules of Professional Conduct. Specifically, McCulloch allowed a woman to testify as an eyewitness who he knew was not at the scene of the incident and had a history of “racially-charged rants about the incident on the internet.”

2. McCulloch and his team “presented incorrect and misleading statements of law to the grand jury and sanctioned unlawful juror practices.” Specifically, Assistant Prosecuting Attorney Kathi Alizadeh distributed copies of a Missouri statute that was contravened by a Supreme Court decision 30 years earlier. When Alizadeh addressed the issue weeks later she said that the statute was “not entirely incorrect or inaccurate” but the grand jury should “disregard” it. At other times, Ms. Alizadeh seems genuinely confused about what legal standards were at issue and shared her confusion with the grand jury, including this remarkable exchange:




Read more: http://thinkprogress.org/justice/2015/01/06/3608333/naacp-demands-judge-investigate-ferguson-prosecutor/

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This is the picture of the actual transcript. (I didn't know if I was allowed to post it up top)


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[font size=6]UPDATE[/font]

These items were brought to our attention, appearing to have substantial relevance.

NOTE - The Titles are also direct links to the items.

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[center][font size=4]NAACP VICTORY - DEATH IN CUSTODY REPORTING ACT PASSES THE U.S. SENATE[/font][/center]
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Late last night, on Wednesday, December 10, 2014, the United States Senate passed, with strong bipartisan unanimous support, NAACP-supported H.R. 1447, the Death in Custody Reporting Act. This important bill passed through the U.S. House of Representative in December of 2013 on a bi-partisan voice vote.

The legislation, which now must be signed into law by President Obama, is strongly supported by the axiom, “in order to manage a problem, you must first be able to measure it.” It will require states to report to the U.S. Department of Justice information on every instance in which a person dies while in the custody of a law enforcement official, including: (1) the name, gender, race, ethnicity, and age of the deceased; (2) the date, time, and location of death; (3) the law enforcement agency that detained, arrested, or was in the process of arresting the deceased; and (4) a brief description of the circumstances surrounding the death. Having this information in one central location will enable us to study trends and compare the records of jurisdictions, so that we may begin to see where there is and is not a problem. It will go a long way to not only understanding the phenomenon of the deaths of Americans while in custody, but also may also begin to alleviate the environment of suspicion, concern and mistrust that currently exists in many racial and ethnic minority communities across America today by providing much-needed transparency in our Nation’s criminal justice system.

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[font size= 4]Legal Advocacy Group {NAACP} ask for new Darren Wilson grand jury[/font]

What is key about this Los Angeles Times story, is the fact that it details the a significant issue that the letter to the Judge, requesting an independent review of the Grand Jury affairs by McCulloch, is from the NAACP legal defense fund (which is totally independent from the NAACP itself).

The NAACP Legal Defense and Educational Fund -- which shares a name similar to the NAACP but is an independent advocacy group -- made the request in a letter to Circuit Judge Maura McShane and also asked her to appoint a special prosecutor.

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[font size=4]Letter is Just one of 3 Complaints Lodge concerning Ferguson Grand Jury[/font]

Also reflected by the Los Angeles Times, is the fact that the NAACP Legal Defense Fund is just one of three separate complaint avenues utilized in the week.

1. The NAACP Legal Defense Fund

2. Grand Juror has sued McCulloch in federal court

3. Seven St. Louis Residents filed Bar Complaint against McCulloch
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The NAACP Legal Defense and Educational Fund's letter came the same day that a grand juror sued McCulloch in federal court for the right to speak publicly about the prosecution's "muddled" and unusual handling of the case.

Seven St. Louis-area residents also filed a bar complaint against McCulloch with state professional regulators Monday, alleging McCulloch's office breached ethical rules by presenting incorrect legal standards and questionable testimony.

The NAACP Legal Defense and Educational Fund echoed many of the residents' complaints. (You can read the Los Angeles Times' article on the grand juror's lawsuit and the citizens' bar complaint against McCulloch here.)
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[center][font size=5]LINK to Actual NAACP LDF Letter[/font][/center]

Actual Letter (PDF format) from NAACP Legal Defense Fund
http://www.naacpldf.org/files/case_issue/NAACP%20LDF%20Open%20Letter%20to%20Judge%20Maura%20McShane.pdf
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