Tuesday, December 02, 2014

The St. Louis County Grand Jury: Once More with Feeling!

Wally vowed to neither write about nor discuss the St. Louis County Grand Jury’s decision not to indict Darren Wilson in the cold blooded killing of Michael Brown.  “It’s a waste of time,” he said.  “And if you disagree with me you’re likely to piss me off.”

Emotions are running high and, if truth be told, there is no real objective truth.   After listening to Bob McCulloch, the St. Louis County District Attorney, it was clear that, in his mind, the lack of an indictment is proof of Wilson’s innocence.   A few days later, five members of the Rams, ran onto the stadium with their hands up, as in “Hands Up, Don’t Shoot,” and expressed their opinion of the district attorney’s opinion.  “And although McCulloch has a right to his opinion,” said Wally, “it just goes to show that opinions are like assholes, everybody has one.”

Jeff Curry/USA Today Sports, via Reuters
Then, the local police union, St Louis Police Officers Association (SLPOA), demanded an apology from either the NFL or the Rams.  At some point, someone believed that the Rams had apologized, but the team’s management denied that they ever apologized.

But if a recent post by Think Progress has any truth to it, then the truth may yet be knowable. Or maybe something close.   Seems there is an obscure provision of Missouri Law which might bring some clarity to all the confusion.  According to a recent post on their website:

“There is a provision of Missouri Law — MO Rev Stat § 56.110 — that empowers “the court having criminal jurisdiction” to “appoint some other attorney to prosecute” if the prosecuting attorney “be interested.” (The term “be interested” is an awkward legal way to refer to conflict-of-interest or bias. The statute dates from the turn of the 20th century.) The court with jurisdiction over Darren Wilson’s case is the 21st Judicial Circuit Court of Missouri. That means the power to appoint a special prosecutor is held by Maura McShane, the Presiding Judge of the 21st Circuit.”
The only question now is, Will the Presiding Judge of the 21st Circuit, appoint a Special Prosecutor and create a real grand jury?  “Or,” Wally asks, “Will she let the bullshit continue?”
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