Incorrect Instructions, Witness Intimidation, And More Found In Ferguson Grand Jury Documentation

The case of the Ferguson grand jury continues unravelling around prosecutor Bob McCulloch. According to one of the deputy prosecutors working under McCulloch, Kathi Alizadeh, they had several issues in getting witnesses against Wilson to appear in court.

Some of them have frankly said there is no way I’m coming in, no way I’m going to testify. But if you knock on the door and nobody answers, we have no right, you know, to kick in the door.

This is an odd statement, for the prosecution actually does have the right to do so under the power of subpoena. Many states prohibit violent entry for it, but aggressive serving methods are often employed in issuing subpoenas, up to and including the use of deputized officers of the court who have wide latitude in delivering them. Something is horribly amiss. And once you dive into the witness statements, a disturbing pattern emerges.

As eyes pour over the grand jury documentation released late monday night, it is easy to find a disturbing trend among the eye witness reports. Not the content of the testimony, but the threats made against the witnesses. Fears of the Ku Klux Klan, Google searches of their name coming up with “Snitches get Stitches,” claims of witnessing the Ferguson police department doing “some really awful things,” the stories wove together not just the story of Michael Brown, with all but 2 stating that Brown has raised his hands in surrender before Wilson shot him dead, but on an environment of threats made against them if they dared come forward and speak the truth.

And these elements are all exploding now across Ferguson in the wake of prosecutor Bob McCulloch’s complete violation of procedure in handling a grand jury, resulting in the failure to issue an indictment against Officer Darren Wilson.

 

The witness statements generally agree on Brown having his hands up, but disagree on several areas. But one of the two which countered that claim turned out to be given by a white supremacist who posted a blog entry stating,

“Well I’m gonna take my random drive to Florissant. Need to understand the Black race better so I stop calling Blacks Niggers and Start calling them People.”

Threatening of witnesses to counter Wilson’s claim, and the invitation of a clearly biased witness to support it? That does not fit in with the grand jury model we rely upon in this country. And with the prosecution claiming to lack the power of subpoena which it is entitled to as part of the grand jury, there is something grossly amiss here.

The more the case documents are reviewed, the stranger the case appears. Even Justice Scalia came out against cases handled in this manner, showing that even a broken clock is right twice a day. The entire grand jury was a fraud, invalid. If the prosecution could not compel witnesses to come forward, then it lacked the authority of the grand jury. If it did, then it failed to use its power to bring witnesses to the stand.

The case then falls to either incompetence, or willful negligence on the part of prosecutor Bob McCulloch. There is no more gray area to be found. The statements made clearly show a systematic attempt to intimidate, a prosecution either unable or unwilling to do its job, and a complete disregard for the rule of law and the judicial system. It made a mockery of the legal process, and McCulloch should be ashamed of himself. It is clear that he utilized the unconstitutional Gardner standard in order to contaminate the grand jury process by introducing the officer defendant as a witness *against* the officer. This is a violation of both the US and Missouri State Constitutions, of the right of due process, of both US Code and Missouri state code, and this is only going to get worse for McCulloch from now on.

Now he is about to find himself in a frenzy of legal and ethical questions the likes of which he never could imagine. He has violated the foundation upon which our body of laws is based, that of a fair and equal application of the law. As a mere lawyer, this would likely result in disbarment and potential criminal proceedings. As a prosecutor, now all previous cases will need to be reviewed, potentially retried, both convictions and acquittals. He has corrupted the process which enables this nation to run.

And he is going to pay for it, as now the gaze of the world is upon him. No secrets can be hid, no little white lies to masquerade the truth. Now he is facing a higher court than he could have imagined.

God have mercy on him, as nobody else will.