A grand juror in the Darren Wilson case is suing
St. Louis County Prosecutor Bob McCulloch. The grand juror, whose name
has not been disclosed, is filing suit so that he or she can speak
publicly about the case. The 58 point suit
alleges that McCulloch presented the legal case in a muddled and
untimely manner, and that he put a great deal of focus on Michael Brown
rather than Darren Wilson. The implications seems to be that the juror
felt the prosecutor was in effect, putting Michael Brown on trial rather
than the man who shot and killed him.
If successful, the suit would permit the juror to
comment on the case without being subjected to criminal prosecution for
speaking out. Missouri state law makes it a class A misdemeanor
to disclose evidence given in grand jury trials. The suit alleges that
in the circumstances of this case, the interests in securing the First
Amendment should outweigh any interest served by maintaining grand jury
secrecy.
Bob McCulloch’s handling of the case was deplorable
in many different ways. He knowingly used perjured testimony from Sandra
McElroy as an eyewitness even though he publicly acknowledged that she “clearly wasn’t present” at the scene of the confrontation between Wilson and Brown.
The suit suggests that, even in the eyes of one of
the grand jurors, McCulloch practiced deception to try to keep Darren
Wilson from being indicted for the shooting death of Michael Brown. The
lawsuit alleges that McCulloch prejudicially mismanaged the entire grand
jury process to seek the outcome he desired.
Whether or not the lawsuit succeeds, McCulloch’s
actions as prosecutor in this case are indefensible. Since McCulloch
deliberately put a liar on the stand to further his personal agenda in
the case, it seems only fitting that the courts should permit one of the
jurors to exercise his or her right to publicly speak the truth.
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