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.
Ooops! I accidentally put this on the wrong thread (the Rick Perry one) a few minutes ago. Sorry.
You see all those documentaries about white folks lynching black folks back in the day, without a trial, and you wonder how people could ever think that was the right thing to do. Now, the blood-lusty Liberal mob clamors for the same thing.
Think Progress???
An Irish Poem by Squeeky Fromm
The Liberals have come a long way,
From the days of the old KKK.
Once blacks had no hope,
From the tree and the rope,
Now, Libs pray for a white guy to sway!
Squeeky Fromm
Girl Reporter
Dredd:
“Has anyone here contributed to the KKK fund to defend officer Wilson?”
Most people hate the KKK.
Before you can claim Wilson is racist, or even completely innocent, you have to prove it.
We are supposed to be a nation of laws.
What if someone read your post, and went out and murdered Wilson, and then it turns out it was a justified shooting. What would you say? Oops?
If it turns out that this was a deliberate racist murder, then I’ll be right there with you condemning Wilson, but all we have so far is an autopsy report. Let’s find out all the facts first.
I’ve been trying to think if there was a criminal accusation against someone that would make me take to the streets based only on the gossip surrounding the case. The closest I could come up with was anything like the Sandusky molestation case. Just based on what I heard I saw red. But I still wasn’t trying to circumvent the entire justice system.
Karen-Great idea! My guess is that it won’t be that hard to find additional claimants.
Which Executive is in charge of this state? If Gov. Nixon isn’t capable of governing his own state then he should resign. The fact that he’s now got the Feds doing his job should be a wake-up call to the other “56” that might want to retain whatever smidgen of power they haven’t already given up to the central government.
Anon:
“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.”
You and me both. We should start a class action. I feel some dyspepsia coming on . . . 🙂
beldar, Don’t be surprised to find some in Cairo to sound a little slow. They have kind of a southern accent, with a slow drawl. You’ll see what I mean. I went to high school with a guy from Cairo. Rest his soul. If I recall correctly he drowned in the Mighty Miss.
Here are the facts: The victim is an unarmed, young black man. He was shot to death by an older, white cop. There is no evidence that the victim was a threat to the cop. The Governor is a Democrat.
Therefore, it’s obvious to anyone with half a brain that the cop murdered the victim in cold blood and that it’s the Governor’s job to ensure the cop is fairly convicted and fairly sentenced to life in prison.
Further, if the Governor can find a way to have the cop declared a “fetus” ….
If the mob rule succeeds and the policeman is indicted quickly to sooth the mob then you folks in America and substitute a K for the C letter. AmeriKa. The CNN news is calling for mob rule and the Governor rolled over. I found Ferguson to be a good town, Saint Louis a great city and now the Governor to be a dumb schmuck. I am leaving soon to drive to Louisville, KY. On the way a stop in Cairo, and I dont mean Egypt.
Beldar – If I remember correctly it is pronounced Kay-row. Are you still in the 1970 Mercedes or have you moved up in class?
Dredd – is the guy in the video at 4:18 pm your new buddy?
Do we still have a presumption of innocence in this country??
Sunday CPT Johnson, from the State Highway Police, brought in by the Governor, to help quell violence … Stood up in front of Brown supporters and declared his solidarity with them…. Say What? Why wasn’t he immediately relieved and moved out of town?
Today the Governor just called for a speedy prosecution … He, too, has forgotten our bedrock principle of innocent until proven guilty.
Finally, yesterday it was revealed that Officer Wilson suffered an orbital fracture of the eye… Does the Brown family think this was self-inflicted ????
Sad story all around but absent young Mike, stoned, entering the store to strong-arm rob it and then disobeying the Officer to get out of the street maybe just maybe he’d be starting college in a week or so ….
Nick Spinelli
Has a library ever been looted?
*********************************************************************************
Alexandria. Several times.
Simms – I think the library at Alexandria burned a couple of times. Not sure it was looted.
The brain police need to be more fair, but that is not going to happen.
Omnicide is cool but saying s*it is not.
Darren wrote: “It could be also the case where the deceased attacked the officer regardless of what had happened earlier and a shooting happened because of that.”
This would be a plausible outcome of the investigation, especially considering that the officer already had a broken eye socket.
Even so, in light of the hundreds of thousands of police abuse incidents across the country, the community may never buy such an outcome. So long as police abuse remains out of control, I don’t think I would buy it either. Some cops I know drink ten cups of coffee daily, their nerves so racked they can’t help but be rude and abusive. And if a motorist has had 10 cups of coffee, also rude an abusive, well, anything can happen. The only difference is, the motorist goes to jail every time, and the cop gets a free pads every time.
In the same way that a lot of innocent people end up in prison, this case may end up where a potentially innocent cop gets convicted for the sins of his own fraternity.
The only good that can come out of Ferguson, would be if police across the country are forced to demilitarize not just in arming but, more importantly, in attitude adjustment and normalizing with the communities they serve. That, and begin firing every officer who is abusive and unprofessional.
In my own little county, the sheriff will not tolerate unprofessional deputies, if he cares at all for reelection or avoiding recall.
samantha – the shooting was too good for ten cups of coffee. With ten cups of coffee he would have wiped out the spectators.
Mespo, “If the governor meant that criminal charges should be brought and the matter hashed out in court, it’s hard to disagree with him given that those extra-judicial proceedings in the streets of Ferguson aren’t moving along very smoothly. I think everyone who shoots an unarmed person should stand before the community and explain his actions and especially so if one is entrusted with the power of the state.”
An employee of the police department has a duty to explain his performance on the job to his supervisor. A suspect in a crime shall have his matter “hashed out in court.” This police officer clearly was doing his job, very well, I might add. He was issued a gun by his department to use for a specified purpose. His actions were his job, not a crime.
Is an “unarmed person” to be allowed the time to arm himself and become an “armed person,” by force, with a police officer’s gun? Is there a point where a police officer is allowed to preserve his own life? In your opinion, is this real life situation, there on the street, a matter of days or a matter of seconds, in which to decide who is going to prevail? Does the cop have an obligation to participate in effecting his own death because the suspect has not yet been proven guilty in a court of law? Should the officer have taken no action as a 6’4″ 300lb. robbery suspect who had previously attempted to take his gun wherein a stray bullet was fired, “bull rushed” him?
More sickening “mob rule” blather, this time from the sitting Governor of Missouri. Sadly, many people decided Wilson’s guilt the minute his and Brown’s respective races were known.
Squeeky Fromm
Girl Reporter
True?
http://www.dailykos.com/story/2014/08/19/1323089/-The-People-of-Ferguson-Have-the-Power-To-FIRE-the-Entire-Police-Force#
Jonathan, Could you please weigh in on the effect of RSMo 563.046 on any potential prosecution of Office Wilson?
Beldar here: I met some good reporters for the Riverfront Times and the Post Dispatch at Charlie Gittos Bar and Restaurant down near the Arch in Saint Louis. I overheard the conversations about North County all around the bar. That section called Jennings is not liked. The Normandy School District where Brown went is a disaster. Some want Jay Nixon impeached for howling with the mob. I told them about BarkinDog’s idea to sue him. Several thought and said that the cop would get a good hearing in the federal court there in Saint Louis if he filed suit there. Someone needs to stop the mob. The indictment will be tainted.
Is it even possible for the prosecutor to obtain an indictment? This is Missouri Law since 1979. I have not taken the time to see if it has been challenged in court.
Missouri Revised Statutes
Chapter 563
Defense of Justification
Section 563.046
August 28, 2013
Law enforcement officer’s use of force in making an arrest.
563.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.
2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.
3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only
(1) When such is authorized under other sections of this chapter; or
(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested
(a) Has committed or attempted to commit a felony; or
(b) Is attempting to escape by use of a deadly weapon; or
(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.
4. The defendant shall have the burden of injecting the issue of justification under this section.
On the point of ethics and band wagon posturing, the Governor not only was wrong to take a premature stance on an issue that is inflamed and inflammatory, but he utilized language that postured his position to the safe side of the anger. The anger, on the other hand, is a result of long standing imbalances for which he is directly responsible and negligent in his duties as State leader. The “incident” is a bad case study but there are obviously underlying reasons why it triggered a class war along racial lines that are clearly economically segregated. Whatever this case turns out to become in terms of tactical and prejudicial justice, it will not resolve the inequality that has fostered the issues at hand. The intense militarization of police is a complex issue when it comes to the question as to whether that militarization is actually a continuation of succession planning in subjugating and suppressing the potential for actual class warfare that Furgeson represents in small town America, and if this were not across racial lines it would not have had a collective response. the fact is that this IS happening across the country and whether this particular case is legally resolved, the underlying social unrest is only beginning. Let’s just hope this does not become a spectacle for media frenzy and actually creates a context for social and economic reform…, especially along the racial divide that has been ignored since Reagan began pulling the plug on corrective action and the Supreme Court has recently largely completed this by initiating the default of affirmative action incentives and achievements.
The rest is just rehashing second hand media tripe.
Very intelligent topic from Jonathan on the Governor’s lack of discretion and leadership, but the obvious arguments that follow are not exactly in the same line of dissecting the issues at hand. Clearly the Staten Island case is more appropriate to argue now, and that one is caught on camera as it happened. The person that took the video was subsequently harassed, but the political will to bring this into formal investigation has clearly been impulsed by what is happening in Furgeson. Nevertheless, pulling back on aggressive and violent police actions will not stop or resolve any of the underlying causality that is establishing a police force to enforce “class” interests and the stratified injustices that fear and tyranny bring to societies in history. America may believe it is exceptional on a global scale, but it is not exempt or any exception to the lessons of history. As long as the “terrorism” model of police protection is perpetrated upon America, the police will see themselves as warriors and the middle class will see them as their heroes (that is until the street revolts begin in their own back yard). When that happens, scapegoats are found and the short term posturing will negotiate for a peace and call it justice.