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.
Anon – Pretty good aim compared to the New York City police:
http://usatoday30.usatoday.com/news/nation/story/2012-08-25/empire-state-building-victim/57297548/1
http://www.cnn.com/2013/09/15/justice/times-square-police-shooting/
Nick – so true. I wonder if they’ll have another editing scandal.
randyjet:
I agree that police should be subject to the same rigorous outside standard testing as pilots. You never know what it might uncover.
But I wouldn’t jump to the conclusion that he was probably abusing drugs or alcohol. Again, we don’t know if he mouthed off yet or what happened. If you were going to say that every time a cop got defensive when his orders were not followed, we’d have a police force comprised entirely of a 12 step program.
Anon, “MSNBC’s coverage has been disgraceful” could be said about anything they cover. They have Sharpton as one of their stars!
Professor Turley:
Thank you for explaining the reasons why an investigation is so important, and that blatant prejudging can cause bias issues. There has been pushback on the notion of waiting for the facts. This demonstrates the need for more public figures to speak out against pre-judging like in the Trayvon Martin case.
When you get more information, could you address the rumors that Brown paid or the cigars? Because I’ve seen this video before, and he clearly shoved and threatened the shop owner. But others have said that it’s all fabricated and edited, and he paid for them and left normally. Are they referring to the part of the video where he was at the counter, and assumed that was the end of the exchange? Or is the robbery still in question?
The relevance is only to show the state of mind of Brown, and whether, having committed a robbery, he would have been more likely to resist an officer. Because obviously the value of the allegedly stolen cigars would have been minor. It did not look like a top flight climate controlled negative pressure cigar aficionado’s shop.
I have found the accounts of witness both for Brown and for Wilson to be credible, and am hopeful we can find out what happened soon.
Affirmative Action prosecution of American-American police officer assaulted and battered by African-American suspect in jaywalking, robbery and assault of store manager, as the officer’s gun fired as suspect attempted to take it, as the suspect leaves the scene, reverses course in a “bum rush” resulting in the officer, in an act of defending his life from a 6’4′ 300lb. assailant, firing his gun for 2 seconds.
Suspect shall be posthumously indicted for robbery, jaywalking, assault and battery, assault and battery of a police officer and resisting arrest. All accomplices of the suspect shall be vigorously prosecuted for robbery, providing false testimony and conspiracy to falsely incriminate. Preponderance of evidence shall be established to prepare for civil litigation against the suspect, his family and those who falsely accused, defamed and libeled the police officer, including participants in the national race industry.
The Governor of Missouri shall immediately be indicted and incarcerated for gross, blatant and egregious abuse of power.
The “tipping point” is approaching.
Perjury outweighs the facts. Dishonesty outweighs the truth.
Irrationality derived of diminished cognitive capacity prevails.
The inmates have taken over the asylum.
Oxa-Are you kidding me? Pretty good aim? He put four shots in his damn arm. Good aim from that distance would have been a double tap the chest and a third to the head.
On a related note, I love how everyone screaming for “JUSTICE” ignores every fact that doesn’t fit their preconceived notion of what happened. And to be fair, everyone convinced that Michael Brown is a thug ignores the facts that don’t fit that narrative. The bottom line is that no one knows what happened yet. Hell, Dr. Baden (the medical examiner hired by the family), had to go on television to state that his results don’t prove anything. His results could support the Brown family or they could support the cop’s statements. It’s inconclusive. Yet both sides are already screaming that his autopsy proves their version of events. It’s become a circus and the media has a lot do do with it. MSNBC’s coverage has been disgraceful.
Paul, They have the story written and no facts are going to change it.
Dredd, I think you’re equating shots fired in the area with shots fired at the scene. Shots fired two blocks over are not likely to send people running for cover at the scene. They could, however, reasonably cause a delay in processing the scene.
Jamilah Nasheed, a member of the Mo. legislature was quoted as saying that if the cop is not indicted the rioting we have seen to date will seem like a picnic. Looks like black folk are turning the tables on the lynch mobs they endured for centuries. We need an MLK, Malcolm X, etc. now more than ever. What we got are Sharpton and Jackson. Pity.
Dredd – some of us like the tactile nature of the pages of a book rather than swiping a finger across a computer screen to change the page. There are still more books available in ‘dusty old book stores’ then at Amazon where they overwork and underpay their employees.
Jack
Dredd, At 32 seconds into that video, you can see a paramedic with his red bag on the scene.
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Cool and good focus.
Consider the cultural amygdala of each person in the two crowds (warrior cops out of camouflage, machine guns, tanks, and helmets, and citizens) and how each sees the scene.
Then later that night they come together, the warriors now in full military gear of a war zone with tanks and such, and the citizens dressed the same.
Not easy to see through other eyes for anyone, especially when the warrior cop mind is there facing the civilians (Hypothesis: The Cultural Amygdala – 4).
It has been reported that at least 12 witnesses have come forward to support Officer Wilson and that Brown assaulted him in the police vehicle breaking a facial bone. None of this is being reported by the MSM because it does not fit their idea of the ‘right’ story.
Pretty good aim for someone with an orbital blowout.
Nick Spinelli
Has a library ever been looted?
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Old dusty book stores with old dusty books have.
Looting is based on what the looter perceives to be valuable.
Like KKK autobiographies about the glory of the old dusty south.
Dredd, At 32 seconds into that video, you can see a paramedic with his red bag on the scene.
Jack
Dredd, The truth is that you don’t know if shots were fired in the area after Brown was shot. The only conclusion you are capable of drawing is that you have no evidence of shots fired. That doesn’t mean it didn’t happen.
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Same with you.
You just can’t explain the calm scene at the beginning and for a long time afterward.
If shots were fired the calvary would have been called.
Greg
Question. When the 40 FBI agents assigned to this case, finish a report, does it go to the FBI director or to AG Holder or to someone else?
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Relevant supervisors in relevant agencies are given copies.
I would say first FBI director, copy to Holder or his designee, and others as needed.
Dredd, The truth is that you don’t know if shots were fired in the area after Brown was shot. The only conclusion you are capable of drawing is that you have no evidence of shots fired. That doesn’t mean it didn’t happen.
Jack
Dredd, Thanks for that video. The man being interviewed discredits Dorian’s claim that Johnson was shot to death with his hands up in the air.
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You jump to an unmerited conclusion.
When multiple people see things they zoom in at different times, so I don’t consider all the testimony to be a description of the same time.
It is more like a mosaic where one person zooms in at one time, someone else earlier, someone else later.
Then they are from different observation points.
One person looks out a window, another a door, one from the south, one from the north.
It has to all be spliced together piece by piece in a cumulative fashion.
What we see, hear feel, smell, and taste come from eyes, ears, skin, nose, and tongue to the physical amygdala first.
The amygdala then hands if off to our cultural amygdala for further packaging (The Toxic Bridge To Everywhere).
Then our conscious mind gets the package wrapped by who we are.
Since we are not all the same we can not see things the same in the sense of witnessing these types of events.
This is well known in criminal investigative science.