St.Louis County prosecutor should be investigated for conspiracy to suborn perjury

Wednesday, December 17, 2014

Good afternoon:

Missouri Governor Nixon should appoint a special prosecutor to to investigate St.Louis County prosecutor Robert McCulloch and his two assistant prosecutors for engaging in a conspiracy to suborn perjury in the Michael Brown shooting case and Darren Wilson should be charged with murder for killing Michael Brown.

Witness 40, whom we now know to be Sandra McElroy, was the only grand jury witness who corroborated Darren Wilson’s claim that Michael Brown grunted, lowered his head and bull-rushed him leaving him no alternative except to shoot him to death. Her testimony was contradicted by 16 eyewitnesses who testified that Darren Wilson shot and killed Michael Brown as he raised his hands in the universal gesture of surrender.

Thanks to Michael Bastone, Andrew Goldberg and Joseph Jesselli at the Smoking Gun, we now know that she committed perjury before the grand jury. She was not present at the scene and made everything up after following media reports about the shooting.

For example, she lives approximately 30 miles from Ferguson and initially told the grand jury that she drove to Ferguson to meet with an African-American friend with whom she had last had contact in 1988. But she could not recall her name or her address. When she returned to testify a second time before the grand jury, she admitted that she had not told the truth.

When Sandra McElroy [Witness 40] returned to the Ferguson grand jury on November 3, she brought a spiral notebook purportedly containing her handwritten journal entries for some dates in August, including the Saturday Michael Brown was shot.

Before testifying about the content of her notebook scribblings, McElroy admitted that she had not driven to Ferguson in search of an African-American pal she had last seen in 1988. Instead, McElroy offered a substitute explanation that was, remarkably, an even bigger lie.

McElroy, again under oath, explained to grand jurors that she was something of an amateur urban anthropologist. Every couple of weeks, McElroy testified, she likes to “go into all the African-American neighborhoods.” During these weekend sojourns–apparently conducted when her ex has the kids–McElroy said she will “go in and have coffee and I will strike up a conversation with an African-American and I will try to talk to them because I’m trying to understand more.”

Her journal entry for the day of the shooting says she went to Ferguson “to stop calling Blacks ‘ni**ers’ start calling them people.”

Hooray for her.

I encourage readers to read the article. The authors did a splendid job doing what good investigators should do. Discover the truth.

What is deeply troubling is how easy they were able to determine who Witness 40 was and prove that she made up everything. They figured that out in two days. The FBI figured it out when they interviewed her on October 22nd, before she testified before the grand jury. Questions we must all ask are:

1) why didn’t the police and the prosecutor figure this out?

2) if they did figure it out, when did they do so?

3) did they know that she made the whole story up before they put her on the stand for the first time at the grand jury?

4) if not, did they know that she was a liar before they put her on the stand for the second time at the grand jury?

They were incompetent, if they did not know she was a liar. If they did know she was a liar, they suborned perjury by having her testify before the grand jury — not once, but twice. Subornation of perjury is a felony.

St. Louis County Prosecutor Robert McCulloch has some ‘splainin’ to do, but he probably should exercise his Fifth Amendment right to remain silent as should his assistant prosecutors, especially the one who gave the wrong legal definition regarding the lawful use of force.

Seriously folks, you can’t make this stuff up.

Although McElroy did a terrible thing, she has serious mental health issues that need to be considered lest she be judged too harshly. I suspect she was used and I am more offended by the people who used her and abused the public trust to prevent the grand jury from indicting Wilson.

31 Responses to St.Louis County prosecutor should be investigated for conspiracy to suborn perjury

  1. Sleuth says:


    I mentioned the same thing on this blog back on November 26, 2014. Yeah, silly me, taking a chance catching some deadly disease by going over there. I geared up in my hazmat suit and dove over there. I read about the so called gold braclet, although I could not tell what the item was on the ground by the police suv.

    Another thing I noticed posted on their blog were details of Dorian Johnson’s purported route to his apartment after the murder of Michael Brown. Interestingly enough, it pretty much matches what Dorian Johnson testified to during his testimony before the GJ. Now, how do you figure they knew this information?

  2. tf15 says:

    remember the Conservative Treehouse talking about a gold bracelet this chick brings it up in her letter, which means she had to have been on this site for a while, its the only place that spoke of a bracelet that was never there or found

  3. Kelly Payne says:

    Exactly what mental illness does she suffer from?

  4. Malisha says:

    McElroy could be compelled to testify, I think, as to who helped her with her “diary entry” and what conversations she had with the prosecutors about her testimony. Here’s my question: Did this woman get into the limelight by calling the police to offer her information, after the fact? If so, when exactly DID she call them and what police report was generated about THAT call. The FBI, when they interviewed her, had to have had some indication from somebody that she was calling herself a witness.

    Also, was there a photograph on the public news (in any form) of a man in a “wife beater” T-shirt on the scene and a man in “jeans and a green shirt” near the crime scene?

    • Yes, she could be offered a deal to plead guilty to a single count of perjury, for example, in exchange for her agreement to testify against others. However, what credibility would she have? An admitted perjurer many times over in this case and others isn’t likely to have much credibility, unless some more people can be flipped who can independently corroborate her testimony.

      Also, I suspect they did not solicit her to do this. I think they took advantage of the opportunity she presented.

  5. Disappointed says:

    Ok this is what I truly do not understand…. White people commit crimes. Blacks commit crimes. Brown people commit crimes. We all know that to be true. What I don’t understand why do police, prosecutors and others involved with law enforcement deny and lie for police who commit crimes? We would all have more respect if they just owned it. I’m tired of police prosecutors and their unions acting as if their police family is perfect and they have no bad apples. Whatever.

    As far as witness 40 is concerned this is her second time inserting herself. Put her ass in jail. I could careless if she has minor children she is teaching them lying to police is ok. They would be better off with their father or foster care if no other family is available. It’s not ok to lie for a person who took the life of another especially if it’s because you are a racist. That IMO makes it a hate crime.
    Sorry if this offends anyone because I said her children should go to foster care but her children are learning to hate and lie. Disgusting!

    • Malisha says:

      Frankly, anything that befalls McElroy, I have no objection to make about it. She did not HAVE to insert herself into this mess; nobody was shooting at her; nobody placed her under subpoena to the grand jury against her will. And that crap she wrote in her little notebook (if she wrote it herself, which I doubt) shows that there’s no excuse possible for her behavior. We don’t even NEED perjury laws if she is not charged and prosecuted for what she did.

    • She’s certainly a racist and I agree that she sets a bad example for her kids. On the other hand, she has a serious mental illness that is untreated. I do not know what should be done to her. She probably needs to be hospitalized for awhile to figure out what’s wrong and develop a treatment plan. Unfortunately, she probably can’t afford it so her life will continue to be a mess.

      The people who really offend me are the people who used her knowing she was a crazy racist liar. Those people are evil.

      • I agree 100%. McCulloch is much more culpable than this mentally ill, albeit racist. woman.

      • Disappointed says:

        If she gets social security disability she automatically qualifies for Medicaid under the affordable care act. As long as her income is under a certain amount and I assume it is since she’s not married. IMO if you get disability you should be required to accept the treatment that is needed for your disability. My opinion of course in the grand scheme of things does not mean shit. You are right the people who used her are worse but IMO she knew what she was doing. Hence the change in the story.

      • Greg Beasley says:

        I feel bad for mentally ill people. On the other hand, I find it hard to believe this woman didn’t know she was lying and covering up a murder. She seems to be an independently functioning human being at some level. It is hard for me to feel sympathy for her.

        Frederick, could you explain to us the difference between perjury and obstruction of justice, in relation to lying under oath to cover-up a murder?

        • Perjury is lying under oath about a material matter in an official proceeding with specific intent to deceive. Lying under oath to a grand jury with intent to deceive them about a material matter qualifies as perjury.

          Obstruction of justice is acting with intent to obstruct, delay or prevent a public official from performing his duty. Lying to a cop or prosecutor qualifies.

        • To be clear, I’m not saying she shouldn’t be prosecuted for perjury. She should and I would do so, if I were the prosecutor.

          However, I am much more offended by the prosecutors and cops who knew she was a lying mental case and used her anyway to prevent Wilson from being indicted.

    • Eric says:

      I agree with the professor that she needs treatment for her illness. I’m more angry at that corrupt McCulloch and his team. They are a disgrace to the profession.

  6. Two sides to a story says:

    I believe McCulloch et al. knowingly grasped at whatever straws they could to save one of their boys in blue. Hopefully the Feds will kick some azz. And damn, arrest McElroy for perjury as well. She definitely deserves it – this case isn’t any small potatoes.

    • Two sides to a story says:

      And I say this as the mother and grandmother of offspring with mental health issues – many, many folks with MH problems know the difference between between right and wrong, between fantasy and reality. If McElroy had the ability to testify before a grand jury, she also had the ability to know she was spinning a dangerous fantasy. Many mentally ill people aren’t liars and fabricators and are perfectly honest.

      • Malisha says:

        McElroy’s motives are pretty clear: (1) Get her 15 minutes of fame, which she tried to get a few times before in high profile cases near her residence; and (2) exercise her white “superiority”‘ by making her the angelic rescuer of an Aryan-looking white cop and at the same time flatter herself as the judge of the bad black man the good white hero “had to kill” to protect American freedom and purity. And womanhood. And purity. And her sick thoughts about her own divinity. And like that. Stupid but exceedingly common.

  7. MDX says:

    And could you imagine what a “real” prosecutor would do to Wilson?

    He/she would have a field day with that 5 year old vs Hulk Hogan line of bull crap.

  8. MDX says:

    The forensic evidence which MKKKlanner “loudly” proclaimed he used to determine who was telling the truth already debunks Wilson and the sock puppet witness 40.

    They both claim as a fact that Brown made a bull rush at the start of the shot sequence.

    Wilson also claims as a fact that Brown traversed 15 feet.

    The shot sequence was recorded to be more that 6 seconds from start to finish.

    IOW, Brown made a 5 yard “dash” in 6 second.

    That, my friends, is less than 2 miles per hour and is aptly described as a tepid or staggering pace.

    Of course, we have the other lie of a 6′ 4″ Wilson describing himself as a 5 year old child in comparison to the 6′ 4″ Brown.

    Hell, Brown, who looked to be of a rather high body fat percentage, was also described as similar to a lean hard, steroid fueled, 6′ 4″ muscle man – Hulk Hogan.

    So I would say that 40 and Wilson have zero credibility based on 100% incontrovertible forensic evidence.

  9. Diamonique says:

    I heard about this yesterday. Disgusting. Crump is going to see what he can do about this. Maybe get the judge to throw out the grand jury’s non-indictment.

    • There’s nothing to throw out. Just file an information charging Wilson with murder or summon a new grand jury and do it right this time.

      • Greg Beasley says:

        You are correct Frederick. Since there was no trial, there was no acquittal, thus Double Jeopardy rules do not apply. There is also no statute of limitations on murder charges.

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