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.
Dredd, Do you honestly think calling me a troll falls within the civility guidelines of this blog? Shame on you. I will no longer address you.
Dredd, I have now had to delete a third comment today in clear violation of our civility rule. If you cannot conform to our rule on civil discourse, we will have to suspend continued postings.
Nick, I couldn’t reply to your comment in the Ferguson thread yesterday. My smartphone browser kept crashing because, I think, there are too many comments in Stanley’s post, which went out of the ballpark.
My understanding is that the prosecutor was taking this to the grand jury as early as today. Obtaining an indictment is certainly part of the prosecution, and the call that it be done vigorously is not “wildly inappropriate” at this stage.
The danger here is hardly that a police officer will be unfairly prosecuted, it seldom ever is. The danger here, especially with this particular prosecutor, is that the prosecution will not resemble anything close to being “vigorous.”
Ah, John… You’re the “why oil and water don’t mix” guy, right? (“Oil and water” being “code” for black and white in your world…)
Of course the KKK is not racist. Duh!
Jack,
The officer’s life was threatened. He had seconds to live. His adrenaline was maximally flooding his body. He fired for two (2) seconds as he was trained – point and pull the trigger. His missed some and hit some. Typical. Normal. Usual.
The security officer’s head was pounded into the pavement by Trayvon Martin. A Riverside, CA, officer’s gun was taken and he was shot in the face. The officer knew all that and was aware that his life is on the line. The officer is trained to listen to alerts over the radio related to crimes such as robbery of a convenience store. That is his job – listen for alerts on the radio. He heard an alert about a robbery by a 6’4″ 300lb. black. He encountered that suspect. That is exactly what a cop does – hear alerts, respond, observe, arrest. Normal, typical, usual and his job. He has a gun in case his or a person’s life is in jeopardy.
The genealogy of the Ferguson Chief of Police ( leader of “The Department”) has been determined.
Dredd, I think you need to learn to read. I never said that you claimed that shots were fired. In fact, you made the exact opposite claim – that no shots were fired. You decided to contradict the Chief without sufficient information.
If you want to end the discussion with me. Fine. Take your ball and run home. I won’t miss you.
“Holocaust Survivor Hedy Epstein, Arrested in Ferguson Protest, Says Racism Is Alive in America”
By Abigail Jones
Filed: 8/19/14 at 3:17 PM | Updated: 8/19/14 at 3:38 PM
http://www.newsweek.com/holocaust-survivor-hedy-epstein-arrested-ferguson-protest-says-racism-alive-america-265703?piano_t=1
“I’m a bit concerned that I’m the focus of what happened, but the focus should be the violence in the streets and the violence by the police,” she says. As she told The Nation while being escorted to the police van, “I’ve been doing this since I was a teenager. I didn’t think I would have to do it when I was 90. We need to stand up today so that people won’t have to do this when they’re 90.”
Jack
Dredd, Absence of evidence is not evidence of absence. According to your initial claim, there were no shots fired. Now you just want evidence of that which you initially claimed never existed. My friend, you need to take a step back and figure out just what is and isn’t before you make statements like “There were no shots, that is bogus.” It screams of bias.
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I did not mention any shots fired, you did.
I responded (“There were no shots, that is bogus.”).
Now, you are lying, not just BSing.
End of discussion with you.
The governor is a “state actor” under the terminology of 42 U.S.C. Section 1983. His call for quick indictment is the action in favor of the mob. The mob wants white guy indicted. Or an information filed without the need of a grand jury. For the governor to call for a quick indictment is his conclusion that the grand jury not hear any evidence, just indict. As a state actor he is violating the civil rights of the policeman. The policeman has enough to contend with the mob. They could raid his house. They could assault him like fat dead guy did. But they, like the hooded klan of the old South, are calling for a criminal indictment. Nixon did not just say, perhaps convene a grand jury. He said prosecute him.
I would file the suit in the Western District of the Federal District Court in the Central Division and hope for a good judge. There are several out there. I would ask for declaratory relief and injunctive relief. Later I would add a damage claim and ask for a jury trial.
Don Lemon, Governor Nixon, whining mommas, are all part of the mob. Howling for the cop to be put in jail and then prison.
Dredd, Absence of evidence is not evidence of absence. According to your initial claim, there were no shots fired. Now you just want evidence of that which you initially claimed never existed. My friend, you need to take a step back and figure out just what is and isn’t before you make statements like “There were no shots, that is bogus.” It screams of bias.
Has anyone here contributed to the KKK fund to defend officer Wilson?
Dredd – the KKK disavowed the fund for Officer Wilson.
Dredd, I have had to delete another comment in this thread that was a highly offensive and personal attack on another poster. Those who feel a need to attack people on a personal level generally do not find this site a receptive forum. If you cannot conform with our very basic civility rule then I ask you to stop commenting or to turn to sites that tolerate and even encourage such trash talking.
Al Sharpton is supreme leader in The War on Whites.
This always makes me smile: https://www.youtube.com/watch?v=ggHWRpsMEmk
Jack
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.
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I can be persuaded by evidence.
If you have some evidence of shots fired blocks away that interfered I would peruse it.
Anon, Come on, the Rev. Al Sharpton is an esteemed and august leader in the black community. Good luck on getting reimbursement!
In general, police officers qualify with their handgun at 7 yards (21 feet). While it is not hard to become proficient at that distance, it becomes increasingly difficult under stress. The officer’s accuracy would likely be further diminished after receiving a facial injury that would likely have caused tearing.
I’m pretty good with my Colt Pocket Nine. It’s a good bit smaller than the Glock 9mm (which is what I understand Ferguson Police Officers carry. Truth be told, most police officers are not that good of a shot to begin with, put them in a shoot to save their life situation and they are lucky to hit the arm when aiming at the chest or head until the distance closes.
Jack – under stress like the possibility of being killed the first thing that goes is your fine motor skills. We retain our gross motor skills to help us flee or hurl spears. Pistols is a whole different matter.
Nick-I’m giving serious thought to sending MSNBC my medical bills…Just seeing Al Sharpton on television is bad for my blood pressure. I can’t even comprehend how he has a job.
anon – Al Sharpton has a job because of Affirmative Action. It clearly is not on ability.
Oxa-Fair point.