Getting caught up in the differing witnesses accounts and perspectives in the Michael Brown murder by Darren Wilson, the retired (now wealthy) Ferguson Police Officer, was not a grand jury function. Such factual ferreting is for resolution by a trial jury and judge, whose function is to find the facts from differing witness accounts, upon instructions from a judge, in the presence of opposing counsel and the rules of evidence.
The rules of evidence do not apply in grand jury proceedings. No judge is present, nor opposing counsel. Only the prosecutor's side is heard, as only that side may present evidence to, or charge the grand jury by statutory and common case law.
What is typically a very short, simple legal process was transmogrified by prosecutors in the Michael Brown killing into a 100-day saga, sodden by leaks, illegal tweaks--like giving the wrong "unlawful use of force" charging instructions--and like the unprecedented, 4 hour, would-be indicted-killer-defendant's testimony to that grand jury by his would-be prosecutors, as their 'witness' without cross examination, in secret.
The boy-killer's 'exoneration' for shooting an unarmed, 18-year old black boy, was engineered by the local prosecutors, by polluting the grand jury process with multiple infirmities and by slyly perverting justice.
The prosecutors must now pay for such purposeful perversities by the very process they have impugned.
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Sunday, November 30, 2014
MISSOURI'S PERVERSION OF DUE PROCESS
REFLECTIONS ON THE STATE'S PURPOSEFUL PERVERSION OF PROCESS @ MICHAEL BROWN
Getting caught up in the differing witnesses accounts and perspectives in the Michael Brown murder by Darren Wilson, the retired (now wealthy) Ferguson Police Officer, was not a grand jury function. Such factual ferreting is for resolution by a trial jury and judge, whose function is to find the facts from differing witness accounts, upon instructions from a judge, in the presence of opposing counsel and the rules of evidence.
The rules of evidence do not apply in grand jury proceedings. No judge is present, nor opposing counsel. Only the prosecutor's side is heard, as only that side may present evidence to, or charge the grand jury by statutory and common case law.
What is typically a very short, simple legal process was transmogrified by prosecutors in the Michael Brown killing into a 100-day saga, sodden by leaks, illegal tweaks--like giving the wrong "unlawful use of force" charging instructions--and like the unprecedented, 4 hour, would-be indicted-killer-defendant's testimony to that grand jury by his would-be prosecutors, as their 'witness' without cross examination, in secret.
The boy-killer's 'exoneration' for shooting an unarmed, 18-year old black boy, was engineered by the local prosecutors, by polluting the grand jury process with multiple infirmities and by slyly perverting justice.
The prosecutors must now pay for such purposeful perversities by the very process they have impugned.
Tag PhotoAdd LocationEdit
Getting caught up in the differing witnesses accounts and perspectives in the Michael Brown murder by Darren Wilson, the retired (now wealthy) Ferguson Police Officer, was not a grand jury function. Such factual ferreting is for resolution by a trial jury and judge, whose function is to find the facts from differing witness accounts, upon instructions from a judge, in the presence of opposing counsel and the rules of evidence.
The rules of evidence do not apply in grand jury proceedings. No judge is present, nor opposing counsel. Only the prosecutor's side is heard, as only that side may present evidence to, or charge the grand jury by statutory and common case law.
What is typically a very short, simple legal process was transmogrified by prosecutors in the Michael Brown killing into a 100-day saga, sodden by leaks, illegal tweaks--like giving the wrong "unlawful use of force" charging instructions--and like the unprecedented, 4 hour, would-be indicted-killer-defendant's testimony to that grand jury by his would-be prosecutors, as their 'witness' without cross examination, in secret.
The boy-killer's 'exoneration' for shooting an unarmed, 18-year old black boy, was engineered by the local prosecutors, by polluting the grand jury process with multiple infirmities and by slyly perverting justice.
The prosecutors must now pay for such purposeful perversities by the very process they have impugned.
Tag PhotoAdd LocationEdit