November 26, 2014

This is how the Grand Jury arrived at their verdict. Early on in the proceedings, Assistant District Attorney Alizadeh handed out copies of a law that was ruled unconstitutional in 1985. In essence it set the bar for use of excessive force lower than is permissible. Simply put, ADA Alizadeh told the jury that it was permissible to shoot a fleeing suspect.

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Tennessee v. Garner made the statute Alizadeh distributed to the Grand Jury unconstitutional, but that didn't stop her from distributing it to grand jurors at the outset in order to set their minds in a place where Darren Wilson was justified in what he did.

Then, at the very end of the proceedings on November 21st, Alizadeh "corrected" the record. Sort of.

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For the entire proceeding, jurors weighed the evidence in light of a law that was deemed unconstitutional almost 30 years ago. Then they corrected the record at the very end, but by then it was too late.

To me, this invalidates the entire decision. While I believe jurors acted in good faith, the prosecutor did not, and intentionally confused jurors as to the applicable law. Correcting it at the end is not adequate or acceptable.

Unfortunately, there is no way to force Bob McCulloch to prosecute Darren Wilson. But Eric Holder has promised an aggressive investigation of Ferguson police. That's good, but he might want to broaden that investigation to include St. Louis County prosecutors.

How can anyone believe this Grand Jury proceeding has a shred of integrity? I don't blame the jurors; I blame the prosecutor.

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