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Dana Milbank On St. Louis Grand Jury: How You Can Tell The Fix Is In

Bob McCulloch’s prosecutors handling the case are taking the highly unusual course of dumping all evidence on the jurors and leaving them to make sense of it.
Dana Milbank On St. Louis Grand Jury: How You Can Tell The Fix Is In
Image from: Huffington Post

Dana Milbank in the Washington Post points out the peculiar way the St. Louis grand jury is looking into Michael Brown's death:

October is when a grand jury is expected to decide whether to indict the white police officer, Darren Wilson, who killed an unarmed black teenager by firing at least six bullets into him. It’s a good bet the grand jurors won’t charge him, because all signs indicate that the St. Louis County prosecutor, Robert McCulloch, doesn’t want them to.

The latest evidence that the fix is in came this week from The Post’s Kimberly Kindy and Carol Leonnig, who discovered that McCulloch’s office has declined so far to recommend any charges to the grand jury. Instead, McCulloch’s prosecutors handling the case are taking the highly unusual course of dumping all evidence on the jurors and leaving them to make sense of it.

McCulloch’s office claims that this is a way to give more authority to the grand jurors, but it looks more like a way to avoid charging Wilson at all — and to use the grand jury as cover for the outrage that will ensue. It is often said that a grand jury will indict a ham sandwich if a prosecutor asks it to. But the opposite is also true. A grand jury is less likely to deliver an indictment — even a much deserved one — if a prosecutor doesn’t ask for it.

One might give McCulloch the benefit of the doubt, if not for his background. His father was a police officer killed in a shootout with a black suspect, and several of his family members are, or were, police officers. His 23-year record on the job reveals scant interest in prosecuting such cases. During his tenure, there have been at least a dozen fatal shootings by police in his jurisdiction (the roughly 90 municipalities in the county other than St. Louis itself), and probably many more than that, but McCulloch’s office has not prosecuted a single police shooting in all those years. At least four times he presented evidence to a grand jury but — wouldn’t you know it? — didn’t get an indictment.


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McCulloch has announced that, if the grand jury doesn't indict, he will release transcripts and audio of the testimony. WTF? There's a reason why grand jury testimony is secret, and this just sounds like a way to intimidate future witnesses.

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