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Title: St. Louis prosecutor McCulloch says he knew ‘Witness 40′ lied to Ferguson grand jury
Source: [None]
URL Source: http://www.rawstory.com/rs/2014/12/ ... 0-lied-to-ferguson-grand-jury/
Published: Dec 20, 2014
Author: ARTURO GARCIA
Post Date: 2014-12-20 09:10:49 by Ada
Keywords: None
Views: 114
Comments: 21

St. Louis County Prosecutor Bob McCulloch said on Friday that he let witnesses who were lying testify before the grand jury that chose not to indict a Ferguson, Missouri police officer for shooting and killing 18-year-old Michael Brown, Buzzfeed reported.

“There were people who came in and, yes, absolutely lied under oath,” McCulloch told KTRS-AM host McGraw Milhaven. “Some lied to the FBI. Even though they’re not under oath, that’s another potential offense — a federal offense. I thought it was much more important to present the entire picture.”

McCulloch explained that he decided to let “anyone who claimed to have witnessed anything” testify before the jurors, out of the belief that he would be criticized no matter how he approached the possible prosecution of Officer Darren Wilson, who Brown following a confrontation this past August.

He also admitted that the testimony of “Witness 40,” identified in a grand jury transcript as 45-year-old Sandra McElroy, lacked credibility.

“This lady clearly wasn’t present when this occurred,” McCulloch said. “She recounted a statement that was right out of the newspaper about Wilson’s actions, and right down the line with Wilson’s actions. Even though I’m sure she was nowhere near the place.”

Buzzfeed reported that there was no indication that McCulloch’s office instructed the grand jury to consider the credibility of any specific witness. His office has already been criticized for not immediately telling the jurors that a state statute giving officers more leeway on use of deadly force had been found unconstitutional. McCulloch himself has also been accused of being biased toward police.

According to the Associated Press, the interview aired amid a demand by state Rep. Karla May (D) that McCulloch be investigated by a bipartisan committee of state lawmakers.

The committee is already looking into why Gov. Jay Nixon (D) did not send the National Guard into Ferguson on Nov. 24 to help stop unrest and property damage in the city immediately following McCulloch’s announcement that Wilson would not be brought to trial.

“Many St. Louis-area residents believe — and there is at least some evidence to suggest — that Mr. McCulloch manipulated the grand jury process from the beginning to ensure that Officer Wilson would not be indicted,” May said in a letter to the committee’s chairperson, state Sen. Kurt Schaefer (R).

Brown’s death sparked demonstrations accusing police of regularly using excessive force. The protests intensified last month, after the jury decided not to indict Wilson, and took on more momentum after another grand jury in Staten Island, New York, declined to charge NYPD Officer Daniel Pantaleo in the choking death of Eric Garner.

“If I didn’t put those witnesses on, then we’d be discussing now why I didn’t put those witnesses on,” McCulloch said on Friday. “Even though their statements were not accurate. So my determination was to put everybody on and let the grand jurors assess their credibility, which they did.”

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#1. To: Ada (#0)

Lying to find a white man guilty of a crime is ok, if you are black.

Prosecuting the liar would be racist.

Cynicom  posted on  2014-12-20   9:35:41 ET  Reply   Trace   Private Reply  


#2. To: Ada, Cynicom (#0) (Edited)

Does this mean that there is any question that the surveillance tapes of this clerk-assaulting, cigar-robbing Gentle Giant are still relevant? Hadn't the Gentle Assailant just attempted to crush a white police officer's skull, and hadn't the officer's firearm been inadvertently discharged in the conflict? Does it mean that he wasn't shot from the front instead of the back, as autopsies prove? Do we or do we not believe that the lawman the city of Ferguson dispatched to apprehend the Gentle Robber felt his life threatened when the Gentle Crusher wheeled and faced the officer? It is well known that a determined assailant can close a 10 pace distance in a matter of a second or so.

Help me understand why this yahoo's lies have any bearing on the policeman's right of self-defense and his right to use force in neutralizing an actively violent criminal. If the officer had failed to apprehend or bring down the suspect, once he had assaulted the police officer, that officer could have faced disciplinary action from his department.

Deasy  posted on  2014-12-20   10:25:49 ET  Reply   Trace   Private Reply  


#3. To: Ada (#0)

If he knew that any particular individual lied or was going to lie to the grand jury he had a duty to keep them from testifying, or as we say about the cops, testilieing. Having said that, there were also black witnesses who pretty much said the same thing Darren Wilson said. Reckon they were rayciss too?

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends. Paul Craig Roberts

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat

James Deffenbach  posted on  2014-12-20   10:28:37 ET  Reply   Trace   Private Reply  


#4. To: James Deffenbach (#3)

I think we're making too much over this. A Grand Jury sometimes is convened to check the facts. In this case, was the officer in fear of his life or did he believe a dangerous criminal might escape if he hadn't fired? Both were likely the case, and the second was quite probable.

Deasy  posted on  2014-12-20   10:36:01 ET  Reply   Trace   Private Reply  


#5. To: Deasy (#4)

As far as I am concerned Choirboy Mike is the reason Choirboy Mike is dead today. If he had assaulted me and I had a gun on me you can bet I would have shot his ass and so would the vast majority of the people who seem to be taking his side.

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends. Paul Craig Roberts

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat

James Deffenbach  posted on  2014-12-20   11:28:52 ET  Reply   Trace   Private Reply  


#6. To: James Deffenbach (#5)

Liberal whites are miffed that Wilson said the choirboy looked like a demon. Obviously they've never faced anyone quite like Mike.

Deasy  posted on  2014-12-20   11:49:25 ET  Reply   Trace   Private Reply  


#7. To: James Deffenbach (#3)

If he knew that any particular individual lied or was going to lie to the grand jury he had a duty to keep them from testifying.

Not sure if he is supposed to, legally. I actually think it would be a good idea to let all 500 homies who claimed to have seen something testify, if only to give the GJ a better idea of the type of people involved.

corruptissima re publica plurimae leges - Tacitus

Dakmar  posted on  2014-12-20   12:19:05 ET  Reply   Trace   Private Reply  


#8. To: Ada (#0)

out of the belief that he would be criticized no matter how he approached the possible prosecution of Officer Darren Wilson,

True.

There was no way for the case to be handled in a publicly acceptable manner. The real root of the problem is police brutality and double standards nationwide. Justified shooting or not, Wilson/Brown just happened to be a case that was the straw that broke the camel's back. If police, nationwide, didn't have that thin blue line, the Wilson/Brown incident would not be national news.

Pinguinite  posted on  2014-12-20   12:26:57 ET  Reply   Trace   Private Reply  


#9. To: James Deffenbach (#3)

If he knew that any particular individual lied or was going to lie to the grand jury he had a duty to keep them from testifying,

But is it the prosecutor's place to judge who's telling the truth and who isn't? I'd think that is the place of the grand jury, not the prosecutor. Why not let them testify, but then show evidence that such a person may not have been on the scene.

His following comments suggest he was not completely certain she wasn't there.

Pinguinite  posted on  2014-12-20   12:30:30 ET  Reply   Trace   Private Reply  


#10. To: Pinguinite (#8)

If it had been reported accurately without unverified information there wouldn't have been any riots.

Deasy  posted on  2014-12-20   12:45:15 ET  Reply   Trace   Private Reply  


#11. To: Pinguinite (#9)

“This lady clearly wasn’t present when this occurred,” McCulloch said. “She recounted a statement that was right out of the newspaper about Wilson’s actions, and right down the line with Wilson’s actions. Even though I’m sure she was nowhere near the place.”

This is what I was going by. He said he "was sure she was nowhere near the place." Now why would anyone, even a prosecutor, bring someone in to testify when they know they are going to lie? That's close to suborning perjury I would think.

Americans who have no experience with, or knowledge of, tyranny believe that only terrorists will experience the unchecked power of the state. They will believe this until it happens to them, or their children, or their friends. Paul Craig Roberts

"When plunder becomes a way of life for a group of men living together in society, they create for themselves in the course of time a legal system that authorizes it and a moral code that glorifies it." Frederic Bastiat

James Deffenbach  posted on  2014-12-20   12:55:23 ET  Reply   Trace   Private Reply  


#12. To: Ada (#0)

What a pant load of passing the buck!! The prosecutor is charged with BRINGING the evidence to a grand jury...epic failure deserves no hind sight scapegoating. Clear case of defense kicking this POS prosecutor's butt!!

There was NO need for a grand jury in this case anyway!! The grand jury was a GRAND scapegoating!!

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

"Life's tough, and even tougher if you're stupid." --John Wayne

abraxas  posted on  2014-12-20   12:56:25 ET  Reply   Trace   Private Reply  


#13. To: abraxas (#12)

There was NO need for a grand jury in this case anyway!

Why not?

Ada  posted on  2014-12-21   20:16:27 ET  Reply   Trace   Private Reply  


#14. To: Ada (#13)

There was NO need for a grand jury in this case anyway!

Why not?

Because the charges would have been issued or not based on evidence as is the standard protocol. It's called a preliminary hearing. Half of the states do not even use grand juries. Preliminary hearings determine whether there is enough evidence, or probable cause, to indict a criminal suspect without all the hoopla. It's cheaper too. Why wasn't a preliminary hearing sufficient?

The only reason a grand jury was convened was to pass the buck in this case.

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

"Life's tough, and even tougher if you're stupid." --John Wayne

abraxas  posted on  2014-12-22   13:28:28 ET  Reply   Trace   Private Reply  


#15. To: abraxas (#14)

The only reason a grand jury was convened was to pass the buck in this case.

IYO, had McCulloch skipped the GJ and proceeded to a preliminary hearing, and knowing what we know of the available evidence, on what basis/evidence would a judge have reached the probable cause threshold?

Jethro Tull  posted on  2014-12-22   14:21:24 ET  Reply   Trace   Private Reply  


#16. To: Jethro Tull (#15)

on what basis/evidence would a judge have reached the probable cause threshold?

McCulloch didn't have the evidence to indict. Same result. The reason McCulloch skirted the preliminary hearing was to have another scapegoat and to divert a more derisive and adversarial proceeding. Grand Juries are terribly tame and civil, preliminary hearings are far more feisty.

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

"Life's tough, and even tougher if you're stupid." --John Wayne

abraxas  posted on  2014-12-22   14:28:57 ET  Reply   Trace   Private Reply  


#17. To: abraxas (#16)

Actually if he went straight to a prelim he could have handed it off to an ADA and ducked the ball of shite all together.

Jethro Tull  posted on  2014-12-22   14:38:03 ET  Reply   Trace   Private Reply  


#18. To: abraxas (#14)

Don't know the law in Missouri, but in New York all killings by cops have to go before a grand jury lest clearing becomes automatic. Not that it does much good.

Ada  posted on  2014-12-22   14:57:46 ET  Reply   Trace   Private Reply  


#19. To: Ada (#18)

in New York all killings by cops have to go before a grand jury lest clearing becomes automatic. Not that it does much good.

More than half of the states do not even have grand juries. New York is a bastion of liberal bureaucracy, so I cannot pretend to be surprised they use grand juries. You are correct in noting is does very little good.

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

"Life's tough, and even tougher if you're stupid." --John Wayne

abraxas  posted on  2014-12-22   15:02:45 ET  Reply   Trace   Private Reply  


#20. To: Jethro Tull (#17) (Edited)

could have handed it off to an ADA

Not ever going to happen in a high profile case....they use high profile cases as campaign platforms. He dodged this one because it was a DUD!

Note that this turd is using hind sight and bloviation to garner public trust and adoration now....

" If you cannot govern yourself, you will be governed by assholes. " Randge, Poet de Forum, 1/11/11

"Life's tough, and even tougher if you're stupid." --John Wayne

abraxas  posted on  2014-12-22   15:05:05 ET  Reply   Trace   Private Reply  


#21. To: abraxas (#20)

they use high profile cases as campaign platforms

McCulloch was safe politically. Not only do incumbents win 9 out of 10 times, I understand that only 19% (+/-) of the registered voters of Ferguson bothered to vote, this *after* the Gentle Giant was righteously put down. I'm not sure how this number stacks up historically, but it's probably the norm.

I'm shocked he didn't claim a conflict of interest and kick this can down the road.

Jethro Tull  posted on  2014-12-22   19:01:28 ET  Reply   Trace   Private Reply  


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