Prosecutor Robert McCulloch knew some of the witnesses were lying when they testified before the grand jury. Yet, he doesn't intend to bring charges of perjury against any one.
HOW in hell can presenting knowingly false evidence to a jury be considered to "present the entire picture"??St. Louis Grand Jury Heard Witnesses Who Lied, Prosecutor Says
Some witnesses were clearly lying when they spoke to a grand jury about the August police killing of Michael Brown in Ferguson, Mo., according to St. Louis County prosecuting attorney Robert McCulloch. In an interview about the case Friday, the prosecutor says he won't seek perjury charges.
Lying Under Oath And Perjury
"It's a legitimate issue. But in the situation — again, because of the manner in which we did it — we're not going to file perjury charges against anyone. There were people who came in and yes, absolutely lied under oath. Some lied to the FBI — even though they're not under oath, that's another potential offense, a federal offense.
"But I thought it was much more important to present the entire picture and say listen, this is what this witness says he saw — even though there was a building between where the witness says he was and where the events occurred, so they couldn't have seen that. Or the physical evidence didn't support what the witness was saying. And it went both directions. ...
More on the legal and ethical violations found in McCulloch's actions:
According to Missouri Rules of Professional Conduct, RULE 4-3.3, “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.” The next sentence would seem to support disbarrment hearing for McColluch and other attorneys who knew witnesses were lying. 'If a lawyer, the lawyer’s client, or a witness called by the lawyer has offered material evidence and the lawyer comes to know of its falsity, the lawyer shall take reasonable remedial measures, including, if necessary, disclosure to the tribunal."
There is no evidence in the documents released by the St. Louis County prosecutor’s office after the grand jury decision that McCulloch or anyone from his office ever told the jurors to regard any specific witness statements as less credible than others.