Mayor De Blasio should fire the cops who turned their backs

December 27, 2014

I do not believe there exists more powerful and persuasive evidence of racist policing by white officers than the unpleasant experiences reported by off-duty black police officers at the hands of white officers.

Meanwhile the beat goes on with a Houston grand jury’s refusal to indict an off-duty cop, Juventino Castro, for shooting and killing an unarmed black man named Jordan Baker, 26, who supposedly charged at the cop. Sound familiar? It should. Michael Brown all over again.

The petulant NYPD cops showed how unreasonable and immature they are today by turning their backs on Mayor Bill De Blasio at NYPD Officer Rafael Ramos’s funeral because he dared to express concern about the national epidemic of police killing unarmed black citizens, including Eric Garner. Proving that they lack basic reasoning skills and mature judgment, they blame the mayor and the mostly peaceful nationwide protests against police violence for the decision by a suicidal and mentally ill young man to ambush and kill Ramos and his partner.

The mayor should fire every one of these intellectually and emotionally impaired brats for insubordination. None of them deserve any respect and none of them should be trusted with a gun.


Darren Wilson’s radio calls do not support a claim of self-defense

November 17, 2014

Monday, November 17, 2014

Good morning:

Officer Darren Wilson of the Ferguson Police Department shot and killed an unarmed Michael Brown on August 9, 2014 sometime between 12:02 pm, when he told dispatch, “Put me on Canfield with two. [an apparent reference to stopping Michael Brown and Dorian Johnson] And send me another car,” and 12:03 pm when someone posted a tweet about the shooting.

His radio calls do not support his claim of self-defense.

According to a timeline in the St.Louis Dispatch,

11:53 am

Police dispatcher reports a “stealing in progress” at the Ferguson Market.

11:53:19 am

Dispatcher reports that the suspect stole a box of Swisher cigars and describes him as a black male wearing a white T-shirt running toward QuikTrip.

11:57 pm

The dispatcher reports that the suspect is wearing a red Cardinals hat, a white T-shirt, yellow socks and khaki shorts, and is accompanied by another man.

12:00 pm

Wilson reports that he’s back in service from the sick-baby call. He then asks the officers searching for the thieves – units 25 and 22 – if they need him.

12:00:07 pm

An unidentified officer broadcasts that the suspects had disappeared.

12:02 pm

Wilson says, “21. Put me on Canfield with two. And send me another car.”

Sources have told the Post-Dispatch that Wilson has told authorities that before the radio call he had stopped to tell Brown and his friend, Dorian Johnson, 22, to quit walking down the middle of the street. They kept walking, and he then realized that Brown matched the description of the suspect in the stealing call.

12:02:41 pm

Unit 25 reports that he is about to arrive at Wilson’s location, saying he is “going out on Canfield” and accompanied by the sound of his racing engine.

12:02:48 pm

Unit 22 reports that he has arrived at the scene.

12:23 pm

Someone tweets about the shooting.

My Observations

1) The 911 caller reported a theft of a box of Swisher cigars, which is a misdemeanor shoplift, not a robbery.

2) Wilson’s statement to the dispatcher, “Put me on Canfield with two. And send me another car,” does not indicate why he stopped the two people. For example, he may have intended to issue them citations for jaywalking and he may have called for backup as a precaution because the two boys had disobeyed him. His post-shooting explanation (i.e., that he realized Brown matched the description of the suspect in the stealing call after they ignored his order to get out of the middle of the street) may or may not be true. I suspect he lied about that because he did not fill out an offense report explaining why he decided to stop them and the police chief publicly stated that Wilson did not know they were the two suspects.

3) Wilson shot and killed Brown sometime between 12:02 pm, when he asked for backup, and 12:03 pm, when someone tweeted about the shooting. I suspect it happened before 12:02:41, when the officer in vehicle 25 reported that he was going on Canfield and 12:02:48, when the officer in vehicle 22 reported that he had arrived at the scene and was out of his vehicle. Apparently, neither officer witnessed the shooting, so I am inferring that it happened before they arrived.

4) I am not convinced that Wilson suffered any injuries during his encounter with Brown. If so, they are not apparent in the videos from the police station.

5) I believe the most likely explanation for what happened is Wilson backed-up, stopped and pushed his door open intending to get out and confront the two boys. The door hit both boys and Brown pushed it back hitting Wilson in the head as he was attempting to get out. Wilson lost his temper and reached through the open window with his left hand grabbing and holding on to Brown’s arm as he drew his gun with his right hand and pointed it toward Brown. Brown attempted to prevent Wilson from shooting him but was unsuccessful as one of the two shots injured his right hand. This explanation is consistent with Dorian Johnson’s description of what happened and also consistent with the autopsy report and the presence of gunshot residue on Brown’s right hand.

6) Brown broke free from Wilson’s grip and ran away to avoid being shot a second time. Dorian Johnson also ran.

7) Wilson gave chase squeezing off shots at Brown.

8) Brown realized he was not going to get away, so he stopped, turned around and was raising his hands as he dropped to his knees to surrender.

9) Wilson kept shooting and finished him off as Brown was leaning forward looking at the ground as he dropped to his knees. This version is consistent with Brown’s injuries.

10) Brown’s body was about 100 feet from Wilson’s vehicle, which makes it extremely unlikely that he bull-rushed Wilson.

11) Finally, I do not believe a person who literally ran for his life after having been shot, would suddenly stop fleeing, turn around and bull-rush the shooter.

As I have said many times, there is probable cause to believe that Wilson intentionally shot and killed Brown in the heat of anger.

Wilson should be indicted and tried for murder.

Brown’s family and the people who live in Ferguson deserve no less.


Grand Jury decision in Michael Brown shooting will be illegitimate

November 13, 2014

Thursday, November 13, 2013

Good morning:

St.Louis County prosecuting attorney Bob McCulloch, aided and abetted by a compliant news media, is intentionally violating the public’s First Amendment right to know whether Officer Darren Wilson killed Michael Brown in self-defense or murdered him.

Since August 9th when Michael Brown died in the street and six eyewitnesses said he had his hands up when he was shot, there has been probable cause to believe the officer murdered him.

In essence, he is defending the officer and concealing what he is doing by trying Michael Brown in a secret grand jury proceeding where he controls what they get to consider while his minions selectively leak evidence that is spun in a manner favorable to the officer.

For example, Mother Jones reports today,

The autopsy, which was leaked to the St. Louis Post-Dispatch, revealed Brown had been shot in the hand at close range with Wilson, putting into question whether Brown had had his hands up in the air, as some witnesses claimed.

(emphasis added)

The italicized portion of the statement is false. Dorian Johnson, who was with Brown, stated that Brown received a gunshot wound to his hand fired at close range inside the vehicle while the officer was seated holding Brown with one hand and a gun with other. Johnson’s statement is consistent with the gunshot residue found on Brown’s hand and the bullet wound described in the autopsy report.

The wound to Brown’s hand and the presence of the gunshot residue does not make it more or less likely that Brown’s hands were up when the officer shot and killed him after getting out of his vehicle and chasing Brown down the street recklessly squeezing off shots in a crowded residential neighborhood. To suggest otherwise is at best grossly irresponsible.

Let’s return to basics.

The purpose of the grand jury is not to try this case. The purpose is to decide in secret whether there is probable cause to believe that Wilson murdered Brown. If so, the grand jury should indict him for murder. If indicted, the Sixth Amendment would come into play.

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defence.

(emphasis supplied)

Last week the Arizona Court of Appeals reminded Maricopa County Superior Court Judge Sherry Stephens about the importance of public trials in the Jodi Arias case, such that despite the defense request to exclude the media and the public from the courtroom, the public has an overriding First Amendment right to know what is going on in her resentencing hearing. That is, the public and the media cannot be excluded.

The public’s right to know what is happening at any given time and what the government is doing is protected by the Freedom of the Press Clause in the First Amendment.

Secret trials are prohibited by the First and Sixth Amendments. Yet, that is exactly what is happening in St.Louis and the news media is aiding and abetting that secret proceeding.

Since the prosecutor determines what evidence to present to the grand jury, the grand jury proceedings are secret, no judge is present, and the rules of evidence do not apply, we do not know what evidence has been presented or the quality of that evidence.

Only a fool would believe the grand jury is getting an objective look at the evidence, given the selective leaks by ‘unnamed officials’ that only favor the officer.

The prosecuting attorney, who has taken an oath to uphold and enforce the law, has violated the public’s right, which is our right to know what is going on.

There is no way that a secret grand jury proceeding can ever substitute for a public trial, ever.

The grand jury’s decision will be illegitimate and not entitled to any deference or respect.


St.Louis Prosecuting Attorney Bob McCulloch is subverting justice in Michael Brown case

October 4, 2014

Saturday, October 4, 2014

Good morning:

I write today to clarify the role of the prosecutor and grand jury in the Michael Brown murder investigation.

State grand juries have jurisdiction to investigate and charge people with state crimes committed within the county in which they are located. State or county prosecutors submit cases to them for consideration. Grand juries can also initiate their own investigations by subpoenaing witnesses, but they rarely do that.

Federal grand juries work the same way, but they deal with with federal crimes committed within the federal district in which they are located.

Jurisdiction to charge and prosecute drug offenses overlaps because both state and federal statutes have criminalized drug crimes. To avoid doubling up, the feds handle the more serious drug cases and the states handle the less serious ones. By seriousness, I am referring to the amount of drugs involved.

Jurisdiction rarely overlaps in murder cases because jurisdiction in murder cases depends on where the crime was committed. For example, the State of Missouri has jurisdiction to prosecute Darren Wilson for killing Michael Brown, but the feds do not since the shooting did not happen on federal property, such as a military base. But they would have jurisdiction to indict him for committing a hate crime or violating Michael Brown’s civil rights, since they have jurisdiction to charge those crimes wherever they are committed.

Federal prosecutors in the Central District of Florida, which is where George Zimmerman shot and killed an unarmed Trayvon Martin, apparently have decided not to seek an indictment charging Zimmerman with a hate crime or a civil rights violation.

A St.Louis County grand jury has jurisdiction to indict Darren Wilson because the shooting happened within that county.

There is no statute of limitations in murder cases. Therefore, if the grand jury’s term expires before it decides whether to indict Darren Wilson, a new grand jury can be convened to continue the investigation.

As I see it, St. Louis County Prosecutor Bob McCulloch does not want to prosecute Darren Wilson for murdering Michael Brown, so he is deliberately dragging his feet to prevent the grand jury from indicting him.

I have reached that conclusion because I can think of no valid reason why Wilson has not been indicted. Approximately ten witnesses who do not know Brown, Wilson or each other have all described Wilson shooting Brown after Brown stopped running away, turned and raised his hands. No one described Brown bull-rushing Wilson, although one witness described Brown stumbling toward Wilson after being shot and dropping to the ground.

His body was 95 feet away from Wilson’s vehicle.

A grand jury need only find probable cause (i.e., reasonable grounds) to believe Wilson murdered Brown in order to indict Wilson.

Wilson should have been indicted weeks ago because there is far more evidence against him than is necessary to establish probable cause.

Our legal system is designed to have trials in cases like this so that the community can witness the legal process proceed toward a just result as we just witnessed in the Theodore Wafer and Michael Dunn cases.

Bob McCulloch is attempting to subvert that process and by doing so he is subverting justice.

The good people of Ferguson know what he is doing and they are expressing their dismay peacefully by public protest.

That could change, if he continues to subvert justice.

For more information on the role of grand juries, click on “grand jury” in the index of categories that appears in column on the right side of the web page.

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Police officer shot in #Ferguson last night

September 28, 2014

Sunday, September 28, 2014

Good morning:

A police officer was shot in the arm last night in Ferguson while investigating a possible burglary at a community center. The shooter was one of two suspects who fled the scene evading arrest. The shooting does not appear to be related to the protests and the officer was not seriously injured.

For more information, go here.

In case you missed it, Ferguson policed chief, Tom Jackson’s apology to the citizens of Ferguson for his butchery of the Michael Brown investigation was scornfully rejected and his effort to march with the protesters Thursday night provoked loud objections, some pushing and shoving and a few arrests.

So I am nominating Chief Jackson for a Darwin Award.

Some people really are too stupid to pour piss out of a boot.

Meanwhile, the clock is ticking on the St. Louis County prosecutor’s effort to prevent the grand jury from indicting Officer Darren Wilson for murdering Michael Brown.

The whole world is watching.


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