The foundation has been set for Darren Wilson to escape criminal indictment for shooting and killing Mike Brown

There was a Darren Wilson sighting.  Wilson, the Ferguson (MO) police officer who shot and killed Mike Brown on August 9, testified before the St. Louis County Grand Jury on Tuesday, September 16.  Reports are his testimony lasted 4 hours and that Wilson was "cooperative".  Since it doesn't appear that St. Louis County Prosecuting Attorney Bob McCullough doesn't WANT to prosecute Darren Wilson, why would Wilson NOT be "cooperative" with the same Grand Jury that will validate his shooting and killing of Mike Brown by not indicting him?  This Grand Jury was impaneled nearly three weeks ago and thus far, according to a story in the St. Louis Post-Dispatch, one of the early eyewitnesses to the shooting to go public, Tiffany Williams, has yet to be subpoenaed by the Grand Jury. (Ferguson officer appears before grand jury on shooting of Michael Brown)  It is rare that a possible defendant in a criminal trial is offered the opportunity to testify before the Grand Jury deciding on whether to determine if that possible defendant committed a crime.  There has been something strange about this case from the beginning.  The foundation has been set for Darren Wilson to escape criminal indictment for shooting and killing Mike Brown.  Lisa Bloom, a criminal defense attorney and a legal analyst for MSNBC makes that very case in the video below.

One of the more telling points that Lisa Bloom makes in the discussion is from all accounts, there doesn't seem to be an advocate for Mike Brown in the courtroom.  Bob McCullough's strategy so far has been to dump all the evidence in front of the Grand Jury and leaving the decision to indict strictly up to the Grand Jury.  That is a tall order to expect people not trained in the legal profession to decipher good what is credible evidence and what is not.  A lawyer - an advocate for the victim - needs to guide them through that process.  Normally in Grand Jury proceedings, a prosecutor presents a minimal amount of evidence, a minimal number of prosecution witnesses and then asks the panel to indict, which the Grand Jury does 99.9% of the time.  As many legal experts have stated since the beginning of this case, when a prosecutor WANTS to try a case the prosecutor will charge a suspect and then hold a preliminary hearing where the judge will determine if enough probable cause has been established to sustain the charges.  Pretty simple.  However, the "prosecutor" in this case took the safe and circuitous route and chose to present the case before the Grand Jury. 

Bob McCullough doesn't want to see Darren Wilson tried criminally.  That is why from the beginning supporters of Mike Brown and those simply interested in justice have called for McCullough to recuse himself from this case.  He refused to do so.  Missouri governor Jay Nixon is complicit, too.  Nixon had a window of opportunity where he could have removed Bob McCullough from the case and he dibbled and dabbled and then ultimately refused.  In fact, McCullough grew weary of Nixon's indecisive ways and all but publicly dared Nixon to remove him from the case when Nixon still could.  Nixon left McCullough on the case.  Earlier this week, in another eye brow raising move, McCullough extended the Grand Jury session until January 2015.  Initially, he told the public a decision could be expected in October.  Why the extension?  The party line given to the public is there is so much evidence to present to the Grand Jury and the extension will allow the prosecution time to present the evidence.  The African-American community in St. Louis is suspect of that answer.  Some have speculated by waiting until January to decide not to indict Darren Wilson, the harsh January weather will prevent rioting and looting in Ferguson.  I am in no way encouraging violence and mayhem, BUT if Darren Wilson is not criminally indicted, the possibility of massive unrest will still exist - harsh January weather or not.  McCullough has been a lightning rod of controversy when it comes to prosecuting law enforcement officers using excessive and deadly force against African-Americans and this case is no different.   On June 12, 2000, two undercover St. Louis County Police detectives working in narcotics, shot and killed two unarmed black men under suspect circumstances on a Jack In The Box parking lot in Berkeley, Missouri.  McCullough was the Prosecuting Attorney then and that case, too, was submitted to the St. Louis County Grand Jury.  The detectives claimed the suspects tried to run them over with the car they were in despite the ensuing investigation determining the car never moved.  The cops were cleared in that shooting.  (St. Louis detectives cleared in shootings at restaurant)  By the way, the St. Louis County Police Department is heading up the investigation in the shooting of Mike Brown. 

Despite the consistent accounts of the Mike Brown shooting by eyewitnesses, including TWO "credible" witnesses (Why are the two most recent witnesses more "credible" than previous witnesses?), a criminal indictment of Darren Wilson for shooting and killing Mike Brown gets more remote with each passing day.  The prosecuting attorney, from all indications, is advocating for the police officer in question instead of the victim.  The fact that Darren Wilson has not already been charged, arrested and had evidence against him presented in a preliminary hearing and the fact the Grand Jury is hearing the case instead, does not bode well.  Grand Jury proceedings are not open to the public, but Bob McCullough has said that if Wilson is NOT indicted, he will release the proceedings of the Grand Jury to the public.  Yet again another hollow promise.  That information can only be made public if the judge who heard the case decides to make it public.  That is not likely to happen.  A larger question looms: why did McCullough mention what he would do if there was NOT an indictment?  Shouldn't he feel optimistic about the case his office is presenting?  There is not a good vibe about this case from many perspectives.  Stay tuned.  One thing IS clear, though.

The foundation has been set for Darren Wilson to escape criminal indictment for shooting and killing Mike Brown
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Peace, peace.

Craig Riggins
Email: therigginsreport517@gmail.com
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