While like many I was shocked by the story of the shooting of an unarmed man, Michael Brown, by a police officer in Ferguson, Missouri, I have refrained from making public comments due to the conflicting accounts that have arisen in the case. As a criminal defense attorney, I have long resisted the tendency to rush to judgment, particularly in the midst of public unrest, in such cases. I saw that as a problem in the Trayvon Martin case. Those same concerns were raised this morning with the statement of Missouri Gov. Jay Nixon who publicly stated that “a vigorous prosecution must now be pursued.” Presumably, he is speaking of the arrest and prosecution of Officer Darren Wilson. However, the investigations into the case are continuing and, in my view, Nixon’s comments are wildly inappropriate at this stage.
Nixon previously referred to Brown as the “victim” and denounced the release of this video of Brown strong-arming a store owner in stealing some cigars shortly before the shooting:
The video was released by police who were accused of trying to portray Brown as a violent thug — a similar concern that was raised in the aftermath of the Martin shooting. Police insisted that it is part of the record of the case since this was the crime that preceded the confrontation with Wilson. Of course, even if Brown stole the merchandise and threatened the store owner, it still does not justify the use of lethal force on an unarmed individual. Moreover, I am appalled that Brown’s body was left on the street for hours.
However, the facts in this case remain in considerable conflict. Rivaling accounts support both Brown and Wilson. The early objective evidence is also in conflict. While Brown’s friend said that Brown was shot in the back, the autopsies do not appear to support that (though the family insists that one of the arm wounds could have come from behind). Moreover, a recording and some witness accounts after the shooting seemed to support the claim of Wilson. Others support Brown. In other words, the facts are in dispute. Under some circumstances, the shooting of an unarmed individual can be found to be justified under standards governing officers.
There is also the recent report that Wilson suffered facial injuries or an “orbital blowout fracture to the eye socket” from the encounter. Such an injury, if true, could boost a defense.
The case could be submitted to a grand jury as early as today. We should learn more from the tests and forensics in the days to come. However, as a criminal defense attorney, I am deeply concerned about the Governor’s statements. Any prosecution would already be hindered by venue and bias issues. It is the duty of a governor to reinforce the rule of law and avoid pre-judging cases before any investigation is completed. Others certainly have the right to be heard on their views of the facts, even as they continue to emerge. However, Nixon is the chief executive of this state and does a disservice to legal process in prejudging the facts in my view. Such comments from either a President (who in the case of Obama has been much more restrained and circumspect) or a governor can seriously undermine the foundation for a fair trial and create the appearance of political pressure on prosecutors, judges, and others.
Nixon stated that “We have a responsibility to come together, and do everything we can to achieve justice for [Brown’s] family . . . to achieve justice in the shooting death of Michael Brown must be carried out thoroughly, promptly, and correctly.” The “correct” way of achieving justice is not to presume guilt as the facts are still being investigated in my view.
The warrior cop syndrome is incredibly heartless (County Won’t Pay Medical Expenses For Toddler Hit With Warrior Cop Grenade).
The warrior cop syndrome is incredibly heartless:
County Won’t Pay Medical Expenses For Toddler Hit With Warrior Cop Grenade.
Jim Hoft’s Unsourced Claim That Officer Darren Wilson Had an “Orbital Blowout Fracture of the Eye Socket”
A few problems in the dumbest man on the Internet’s narrative
By Charles Johnson
http://littlegreenfootballs.com/article/43751_Jim_Hofts_Unsourced_Claim_That_Officer_Darren_Wilson_Had_an_Orbital_Blowout_Fracture_of_the_Eye_Socket
Excerpt:
The entire right wing universe (including Drudge Report) is now screaming about this post by, yes, the Dumbest Man on the Internet again, claiming that anonymous sources told him officer Darren Wilson suffered an “orbital blowout fracture to the eye socket” in a struggle with unarmed teenager Michael Brown: BREAKING REPORT: Officer Darren Wilson Suffered “Orbital Blowout Fracture to Eye Socket” During Mike Brown Attack | the Gateway Pundit.
It’s possible that someone did leak this information to Hoft, but I’ll remind my readers that Jim Hoft is probably the single most dishonest right wing blogger on the Internet as well as the dumbest, with a very long history of distorting facts and completely making stuff up to push his far right, often overtly racist agenda.
“You can only understand what the neural circuitry in your brain allows you to understand … you can’t understand just anything … and this particularly is the case in political reasoning … but it’s true in many other things as well.” – George Lakoff
bigfatmiike
Dredd
…
If you expand your idea of looting a bit, many libraries have had their rare books section ‘looted’ by knowledgeable thieves.
=======================
Some of the greatest treasures of all time were looted when Bush II brought democracy to Baghdad.
The surge in KKK membership and gun sales coincide with racial phenomenon.
Racism most of the time is like some forms of religious fanaticism that lurks in social circuits beneath the hood (or “bonnet” as the English put it).
The preserve the good name of Wikipedia I want to acknowledge the errors as my own
1) 1914 should be 1814
2) I hope Sandy can for give me for misspelling his name – He is, of course, Sandy Berger, which anyone with an internet account can easily verify.
“Dredd
Nick Spinelli
Has a library ever been looted?
==========================
Old dusty book stores with old dusty books have.”
I know you guys find Wiki questionable to the point of laughter. But among the many libraries mentioned there, they include the Library of Congress in 1914 by the British Army.
If you expand your idea of looting a bit, many libraries have had their rare books section ‘looted’ by knowledgeable thieves.
And my recollection is that Sandy Burger did a number of some historically important documents for who knows what reason.
Apparently criminal behavior is much like taste in art – there’s just no accounting for it.
bfm – the Library of Congress was burned, not looted, by British troops who burned the Capitol building in 1814, not 1914.
Joe The Plumber: Hold A Job Fair In Ferguson, Protestors Will ‘Scatter Like Cockroaches’
8/20/14
http://talkingpointsmemo.com/livewire/joe-the-plumber-ferguson-protestors
Ohhh… e.m., you really know how to make a rabbit’s ears curl 😉
Bailers and Samantha:
I agree. Lack of police training in dealing with the mentally ill is lacking.
I recall that someone who used to work with my mother had previously worked in a mental health ward. She said she’d been beaten, knocked out, and suffered various other injuries at the hands of the patients who were violently mentally ill. She got a new job for her health.
It is my understanding that Kelly Thomas’ illness did not manifest in violence, but I could be wrong.
But in any case, I hope more police departments enact training that will keep their officers AND vulnerable, ill people safe as well. Perhaps if there is a question of someone’s mental status, they could just observe, make sure they don’t leave, and call a mental health hospital trained in such cases. But, to be honest, I don’t know how they would be able to differentiate between someone who was on drugs and someone who was mentally ill.
Missouri Councilman Explains Racist Facebook Posts: ‘I Was A Very Active Republican’
ByAHIZA GARCIA
August 20, 2014
http://talkingpointsmemo.com/livewire/peter-tinsley-obama-facebook-posts
Excerpt:
A Republican city councilman in Missouri apologized this week for posting racist messages about President Obama on Facebook, citing his own strong engagement with the Republican Party as the reason behind his actions.
According to television station KFVS, Poplar Bluff, Mo., councilman Peter Tinsley’s offensive posts were brought up during a city council meeting on Monday night. Tinsley apologized for his behavior, saying he didn’t intend to offend anyone when he made those posts last year, reported KFVS.
Fiver,
I’ve heard tell that you’re beautiful when you’re obnoxious.
Thanks for the tip, Elaine. 🙂
(though i still think wordpress hates me ’cause i’m beautiful… or ’cause i’m obnoxious. not sure which)
Fiver,
If you post more than two links in a comment, it will go into moderation. Sometimes WordPress is just cranky and sends comments into the spam folder for no reason.
mespo, the clip does illustrate the point. If it turns out that the officer was justified in killing the teenager, I’ll still want to know what the officer did to trigger or invite attack. Maybe the governor already knows there is something damning, explaining his public reaction for justice.
Mespo,
You finally got something irrefutably correct.
You are OFF.
Enjoy your vacation. Without question, we will eagerly await the return of your unparalleled, arrogant and dubious pontifications.
Sincerely.
I must confess, I am always amazed at the gullibility of the American public. This is another false flag psy op. Just listen to the actors (participants) and they tell you. As I recall, Nazi Germany did a lot of false flags too so Hitler could start his wars with public support and clamp down on the public resentment.
Clearly Brown was a big bully also. Look at how he handled the little clerk or store owner, pushing him down as he strode out of the store, stolen goods in hand. Looks like a ‘live by the sword, die by the sword’ situation. A terrible poster child for the black movements. There are much cleaner injustices on blacks, some reported on these blogs. Too bad they pick the bad ones. Then again, who is pushing it? Same guys who start wars….
Sorry, off topic. Is it the links that cause posts to disappear/not appear? Html style like italics or blockquotes? Length of a comment? Random? Does anyone really know?
This is only a partial whine because folks here have been so good about rescuing my lost comments, but the glitches do derail a conversation.