View Poll Results: Did the prosecutor throw the Darren Wilson grand jury trial?

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Thread: Did the prosecutor throw the Darren Wilson grand jury trial?

  1. #1
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    Did the prosecutor throw the Darren Wilson grand jury trial?

    Just curious what the consensus is.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    Unless new material/forensic evidence is revealed, I would say no.


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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    Quote Originally Posted by Simpleχity View Post
    Unless new material/forensic evidence is revealed, I would say no.
    Keep in mind that the trial was to determine whether or not charges could be laid, not whether or not Wilson was guilty. From Justice Scalia:

    "It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented."

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    Quote Originally Posted by Amadeus View Post
    Keep in mind that the trial was to determine whether or not charges could be laid, not whether or not Wilson was guilty.
    I'm very cognoscente of what the duty of a grand jury is, and have posted such information in more than one Ferguson thread here.


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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    No prosecutor who wants to stay one would tank a grand jury hearing.
    Freedom of speech is not freedom from criticism.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    throw is maybe a charged term.

    it is interesting however that there is still to this day-- months later--- a seeming controversy over the distance that Brown fled/died from the vehicle.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    Quote Originally Posted by Amadeus View Post
    Keep in mind that the trial was to determine whether or not charges could be laid, not whether or not Wilson was guilty. From Justice Scalia:

    "It is the grand jury’s function not ‘to enquire … upon what foundation [the charge may be] denied,’ or otherwise to try the suspect’s defenses, but only to examine ‘upon what foundation [the charge] is made’ by the prosecutor. Respublica v. Shaffer, 1 Dall. 236 (O. T. Phila. 1788); see also F. Wharton, Criminal Pleading and Practice § 360, pp. 248-249 (8th ed. 1880). As a consequence, neither in this country nor in England has the suspect under investigation by the grand jury ever been thought to have a right to testify or to have exculpatory evidence presented."
    This was a very unique circumstance though. For one thing, we know now that many of the so called "witnesses" lied about just what they saw. I mean, were the prosecutor to do his normal duty, he would of never brought this information to a grand jury in the first place. However, the public demanded that at least some measure of blood be taken, and thus is why we got a grand jury. Honestly, if it had been a black man who shot a white kid, it would of never gotten as far as it did. Ultimately, the grand jury was about getting to the truth of the matter, or at least close to it. Were an indicted to of been handed down, it would of indicated that there was some cause to charge the officer, which there clearly wasn't in the case.

    At the end of the day though, it wasn't up to the prosecutor, the grand jury decided to return a no bill on any of the possible charges. Were he to really throw it, he could of reached for a extreme charge.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    1. As far as I know, this wasn't a trial - grand juries review the presentation of a selection of evidence usually designed to provide the very minimum to secure an indictment. Trials happen in courts of law, with judges, counsel for the prosecution and the defense, and usually empaneled juries. That was not the case here.

    2. It seems apparent to me that the prosecutor had no intention of calling for a grand jury hearing based on the evidence he had and the lack of a crime to prosecute. He was forced into it politically.

    3. As a result of being forced into a sham grand jury process, the prosecutor threw everything at the panel, including all the exculpatory evidence and in effect presented the defense case that would likely be presented had it gone to trial. The prosecutor had no interest in getting a phony indictment and then getting blown out of the water during a court trial where he would have been left with one side calling him a failure for not winning the case and the other side calling him a political hack for trying the case in the first place.

    Justice was served. And in my view, more grand jury hearings should get to see the exculpatory evidence too to avoid a lot of unnecessary trials and expense to the system and innocent defendants.
    "Liberals claim to want to give a hearing to other views, but then are shocked and offended to discover that there are other views." William F. Buckley Jr.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    Quote Originally Posted by Amadeus View Post
    Just curious what the consensus is.
    He provided the grand jury with far more information than is usually provided to a grand jury. This is referred to as a "data dump", or dumping so much data on a grand jury that it's difficult for them to sort through it all.

    He conducted the presentation of evidence to the grand jury like it was trial, without the benefit of cross examination.

    He conducted the press conference like he was a defense attorney for Wilson even though he's supposed to work on behalf of the state and the victim, Brown.

    He has not indicted a police officer in a shooting in the entire 23 years he's been the prosecutor.

    His police officer father was killed by a black man in the line of duty.

    His brother, nephew and cousin are all police officers in St. Louis.

    His mother was a clerk for the St. Louis PD for 20 years.

    Yeah, he threw it. If someone hasn't indicted a police officer for 23 years, why would he start now? There was no chance and I hope he's investigated by the federal government.

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    Re: Did the prosecutor throw the Darren Wilson grand jury trial?

    I don't know, I wasn't in there....

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