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

December 17, 2014

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.


Grand Jury Testimony Unlikely To Be Released in Michael Brown Shooting

November 24, 2014

Monday, November 24, 2014

Good morning:

Prosecuting Attorney Bob Culloch has publicly stated that a transcript of the proceedings before the grand jury investigating the Michael Brown shooting will be released, if the grand jury decides not to indict Officer Darren Wilson.

Jason Sickles at Yahoo reports,

For three months, prosecuting attorney Robert McCulloch has said he would seek a rare court order from Judge Carolyn Whittington immediately releasing nearly all evidence should Ferguson Police Officer Darren Wilson not be charged. Grand jury proceedings usually remain secret.

“We’ve asked the judge to do that, and the judge has agreed that she will do that, if there is no indictment,” McCulloch said during a radio interview with KTRS in September. “There’s no probably about it, it will be released.”

On Sunday, however, the court said, “Judge Whittington has entered no such order and has made no such agreement,” according to director of judicial admnistration Paul Fox.

I do not believe Judge Whittington will order the evidence released.

Grand jury proceedings are secret in order to protect witnesses from potential public criticism, condemnation and retaliation. Not even their identities can be disclosed, much less their testimony, especially in an extremely controversial case like this one where threats to kill have been uttered and public officials are preparing for a war to break out. The situation is so tense that Governor Nixon has preemptively declared a state of emergency and called out the National Guard.

Under these circumstances, where public disclosure of witness identities and testimony could be a death sentence, I cannot imagine that a judge would lift the veil of secrecy. I certainly would not risk people’s lives to provide political cover for McCulloch’s decision to try Wilson in secret.

There is only one way to handle this case properly and that is to charge Wilson with murder and accord him a public trial with due process of law.

To be clear, I have never believed McCulloch was operating in good faith.

Since August 9th when Darren Wilson killed an unarmed Michael Brown at noon on a quiet residential street in Ferguson before witnesses who described an execution, he has been working diligently to protect Wilson by shepherding him through a secret grand jury investigation.

I believe he knew the transcripts would not be released to the public, but chose to assure everyone that they would be released in order to place public attention on the judge who would refuse to release them and thereby conceal his misconduct.

Voters need to get rid of this racist schemer next time around.


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