The Grand Jury did not exonerate Officer Darren Wilson

Tuesday, December 2, 2014

Good afternoon:

Jeff Roorda, the spokesperson for the St.Louis Police Officers’s Association lied when he said the grand jury exonerated Officer Darren Wilson. As a former law enforcement officer, he knows that is not true.

The grand jury merely decided that the prosecution failed to convince nine of the twelve members that there was probable cause to believe Wilson murdered Michael Brown. That decision is not an adjudication of the merits of the case and is not binding on anyone. A new grand jury could be summoned tomorrow to reinvestigate the case and it could decide to indict Wilson. He would have no legal basis to attack the validity of the indictment by arguing that a previous grand jury did not return an indictment.

All judges, prosecutors, police and defense counsel know this to be true. Roorda does too and this is not the first time he lied.

He was fired for lying in a police report and failed upward to his present position. That is a sign of systemic corruption.

For the following reasons, the grand jury’s decision was illegitimate and should be dismissed.

The fix was in from the very beginning.

Wilson never filled out an offense report and was never asked to fill one out.

They allowed him to drive unaccompanied to the station house and clean-up in the wash room with no witness present. They let him place his gun into evidence and made arrangements to let him meet with his lawyer in an interview room before asking him any questions.

That. Never. Happens.

The extreme pro-police bias of the prosecution that is evident throughout the grand jury witness transcripts, including an unconstitutional legal definition of self-defense submitted by the prosecution regarding when a police officer may use deadly force, so corrupted the grand jury process as to render its decision a nullity. This conclusion cannot be legitimately questioned given that Wilson voluntarily testified for four hours without challenge by the prosecution.

That. Never. Happens.

Consider the following grand jury basics:

1) The terms ‘guilty,’ ‘not guilty’ and ‘presumption of innocence’ are legal terms of art that have specific definitions. These terms do not apply to a person who has not been charged with a crime.

2) The ‘presumption of innocence’ does not mean innocence in fact. The presumption only applies to defendants who have been charged with a crime when a fact finder, be it a judge or jury, deliberates on reaching a verdict. If it were otherwise, no defendant would ever be denied bail and there would be no conditions of release.

3) The grand jury was not required or instructed to presume Wilson was innocent and it did not find him innocent. It found that the evidence presented was insufficient to establish probable cause to believe Wilson committed a crime when he killed Michael Brown. This decision is not an adjudication and does not prevent another grand jury from considering the evidence and returning an indictment.

4) No rule requires anyone to presume Darren Wilson is innocent. He is neither ‘guilty’ nor ‘not guilty’ because those terms are adjudications and he has not been charged with a crime. Anyone who says he is innocent because he must be presumed innocent is mistaken.

The entire grand jury process was a whitewash and should be disregarded.

28 Responses to The Grand Jury did not exonerate Officer Darren Wilson

  1. Nef05 says:

    Kansas University journalism major critically analyzes Ferguson grand jury document dump, and sources falsehoods and errors.

  2. JJ says:

    New York Grand Jury issued a No Bill in the case of Eric Garner. Someone took a video of the incident. It looked obvious to me that the police killed the man. Eric already had his arm behind his back when the policeman stepped in (blocking the camera’s view) and did a choke hold. It was totally unnecessary to kill Eric. I hadn’t followed this story because I was so certain that the officer would be indicted.
    I would like to see if this kind of police brutality happens to whites as well. Whites feel so secure that it couldn’t happen to them.

  3. Two sides to a story says:

    OT – Lots of disaapointment with this. I’m connected to Ron Thomas ‘s FB page for Kelly so knew about this when he posted. I think most activists will never stop fighting for Kelly but many are distancing themselves from Ron. A small group of us went to court with him in October. His civil case against Fullerton PD continues this month.

    • PhillyBoyRoy says:

      Eh. Gross.

      The guy’s a racist winger. I guess he will end up blaming blacks for his fate in life.

      The Kelly Thomas murder was horrendous no matter how vile his dad is.

      Goes to show you can be anti-police brutality but still pro-killing of blacks.

    • MDX says:

      He fails to see the forest because of the trees.

  4. PhillyBoyRoy says:

    Is the Garner thing for real?

  5. Disappointed says:

    They have video evidence and still no true bill. So why waste money on body cameras? Apparently police can murder legally.

    • PhillyBoyRoy says:

      Have you seen this video, btw

      Truly the worst thing you’ll ever see

      The cops involved – all of them – deserve to be tortured slowly

      • Disappointed says:

        I watched the video. He said over and over and over again I can’t breathe. Disgusting. Over some loose cigarettes. So now walking in rain, jay walking and selling loose cigarettes are death penalty qualified. Smdh

  6. sparger says:

    Cop who killed Tamir Rice was found unfit for due in a smaller police dept.

  7. Timothy Whitehead says:

    I literally cannot sleep at night because of this miscarriage of JUSTUS & insultingly defense of Darrin Wilson conducted by the Prosecutor to the grand jury. That being said, I’m hanging onto the slimmest hopes in this
    What are your thoughts as to the likelihood of this happening?

    • JJ says:

      I’m surprised the just didn’t appoint a special prosecutor when it was obvious that the prosecutor was defending Officer Wilson to the Grand Jury. Now Ferguson community would have to wait yet again for another grand jury to go through the evidence and deliberate. It’s a secret process. So as long as the GJ issues a “No Bill: – the Ferguson community will say: “No Way”.

  8. Nef05 says:

    Eric Garner grand jury – no true bill, despite the video and ME’s determination of homicide. New York even has a 2010 statute regarding strangulation, yet still the grand jury could not bring itself to levy a single charge.

    all blacks as “beings of an inferior order, and altogether unfit to associate with the white race, either in social or political relations, and so far inferior that they had no rights which the white man was bound to respect.”
    -Chief Justice Taney, Dredd Scott v Sandford

    “No rights which the white man was bound to respect”. We have officially gone back to 1857…

  9. so jaded says:

    Charles barkley is now a legal expert. The pos has not read one word of transcript, but since he is black he must not b bias. Charles barkley is a rich ignorant idiot. He lives in a white gated community. He is accepted in that community because of his bank account. Therefore he now feels that racism does not exist. He needs to STFU.

  10. I’m increasingly frustrated that news outlets (as opposed to Fox) and other media venues are not pointing out these very salient points.

    • PhillyBoyRoy says:

      I don’t think the news we see on network or even cable TV is even pretending to be journalism anymore.

      I’m increasingly frustrated that “liberals” and “progressives” are blissfully unaware of these very salient points.

      Closet racists, all of em.

      • Eric says:

        Philly, thanks for addressing this point because it’s something that’s bothered me for several days now. Let’s take CNN first:

        In recent days they’ve had on as “experts” Rudy Giuliani, Bernie Kerik, and Jeff Roorda in his role as spokesman. First, Rudy left his mayorship with his reputation in tatters among those of us who care about civil liberties. He’s one of the most prolific grandstanders in American politics. My guess is that he’s trafficking in racist banter on cable news networks (CNN first) in order to once again make himself relevant so that his social climbing mate can have a ‘big important’ husband again for the presidential cycle. It’s clear that Rudy’s not read ONE WORD of the GJ transcript.

        Next, Bernie Kerik. CNN has had him on several times. This is despite the fact that he is a disgraced convicted felon and former jailbird. Why on earth is CNN inviting a jailbird and disgraced public official to serve as an “expert?” When you talk about “thugs,” he embodies the term. He was on Candy Crowley’s panel for Pete’s sake! Unbelievable! How ironic-Brown ostensibly “deserved” to die, yet Kerik is invited to serve as a law enforcement “expert” on a Sunday panel. It’s clear that Bernie has not read ONE WORD of the GJ transcript.

        Roorda. Why in the h*ll does he keep getting invited onto CNN? Though he was not technically in jail, he should have been. By the way, professor, I agree with your point about failing upward. It proves incontrovertibly that there is systemic corruption in the St Louis law enforcement community. It’s clear that Roorda has not read ONE WORD of the GJ transcript.

        Also, of CNN, Mel Harris and Paul Callan should be ashamed of themselves. Mark O’Mara? I think we can all agree that his perspective on this case is probably compromised for obvious reasons.

        Next, let’s look at MSNBC. I agree that, though progressive, it’s still in the infotainment business. But, no one disgraces themselves more than Joe Scarborough. All I’ll say is this: It’s clear to me that Joe has not read ONE WORD of the GJ transcript.

        So, Philly, next time you get exasperated when someone says something stupid and ill-informed about this case, keep in mind that it’s coming from a place of ignorance since they’ve actually not read ONE WORD for themselves.

    • They are in the entertainment business. News is secondary.

    • Diamonique says:

      MSNBC has been pointing all of this out.

      A question: I know this will never happen, but can a prosecutor go ahead and charge a defendant after getting a no-bill from a grand jury?

  11. MDX says:

    Seeing as I am a member of the Mean Machine, it is my humble opinion that Roorda needs some Split Right, Ball Curl on 1:

  12. racerrodig says:

    Most of us have disregarded it as you say. What Roorda did was a joke to be honest. He sounds like a typical race baiting hate monger with a 3rd grade mentality.

    His blatant threat near the end of his rant and his clear misunderstanding of the 1st Amendment, in which he doesn’t even know is a capital “A” proves to me he has no clue as to fact, justice, morality and fair play.

    His telling the NFL they must discipline these 5 players is also a joke. His bs about what the fans can expect if his minions don’t do their jobs at home games (criminal actions to be sure) speaks volume’s about the corruption……

    HEY…………maybe he can be Chris Christie’s running mate !!!!!!

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