Los Angeles, California
September 10, 2014
(Today's date)
September 10, 2014
(Original date)
*Denotes a change made in the original blog
**UPDATE-Denotes NEW information added to the blog after the original blog was published.
A simple analogy to the jury selection process clearly demonstrates why prosecutor Robert McCulloch must recuse himself, and if he doesn't, why the Brown's should go to court, state or federal, to force McCulloch to step down from the Michael Brown-Darren Wilson case.
From my understanding, McCulloch's father was killed by a Black man during a kidnapping. That is, "The prosecutor's father, Paul McCulloch, was a St. Louis police officer when he was gunned down July 2, 1964, at age 37 while trying to arrest a kidnapper. He had answered a call by an officer in need of assistance at a housing complex and died in a shootout. One of the shooters was wounded and was later convicted of murder." Kindy, Kimberly, Washington Post. If true, this is sufficient evidence for McCulloch to be required to step down, not the optional "should" step down.
If Darren Wilson was actually tried for murder, as he should be, and the jury selection process was underway, any ordinary white citizen (like McCulloch) with the same facts as those surrounding the killing of McCulloch's father by a Black man, regardless of the white citizen's profession or occupation, who was a part of the initial jury pool, after revealing those facts to a judge, would be stricken for "cause" (probable bias in favor of the white police officer, Wilson). And, for the same reason, McCulloch must be recused (he, apparently, is not stepping down on his own accord).
The Brown family should bring a civil rights-due process claim in federal court and seek a TRO and preliminary and permanent injunction requiring McCulloch to be removed from prosecution of the case, and to be replaced by an independent prosecutor selected by a federal judge. While this process would create extra litigation for the Browns, it would be worth it for achieving justice for Michael Brown. Since the Browns are purportedly being represented by counsel already, then the federal litigation should be part of that representation.
To the Brown family : Good luck!
Saturday, August 30, 2014
THE MURDER OF MICHAEL BROWN AND PROSECUTOR ROBERT McCULLOCH: IF THE AVAILABLE FACTS ARE CORRECT, McCULLOCH MUST RECUSE HIMSELF; IF NOT, THE BROWN FAMILY SHOULD SEEK HIS RECUSAL IN FEDERAL COURT BY WAY OF AN INJUNCTION. A JURY SELECTION ANALOGY SHOWS WHY McCULLOCH MUST BE RECUSED IN FAVOR OF AN INDEPENDENT PROSECUTOR.
Thursday, August 21, 2014
THE BLACK CITIZENS (ESPECIALLY THE YOUNG ONES) OF FERGUSON, MISSOURI : "I'M SO PROUD".
Los Angeles, California
August 22, 2014
(Today's Date)
August 21, 2014
(Original Date)
*Denotes a change made in the original blog (either adding or deleting)
**UPDATE-Denotes NEW information added to the blog after publication of the original blog
This will be one of my shorter blogs. I simply want to express my enormous pride, as a Black man and a Black lawyer in America, in the Black citizens of Ferguson, Mo., especially the young ones. It so reminds me of the early civil rights movement, when young people had courage, i.e., the lunch counter sit-ins and other protests involving police dogs and water hoses. *It also reminds me of the 1963 Watts (CA) riots, which I witnessed firsthand. Today's young Black people (as well as adults), on the whole, lack courage. We are, for the most part, cowards. We don't do anything. We don't say anything. And, we don't support one another. It's sad that it has taken the loss of a young Black life to bring out the courage of the few Black young people (yes, there are adults also, and I am proud of them also, but the biggest brunt is borne by young people) of Ferguson who have persisted in exercising their civil rights in the face of tear gas, rifles, *tank-like and other war machinery. They have persisted over a period of ten days, even though other so-called Black officials, along with some white officials, have encouraged them to revise *or alterate their protest, e.g., stop protesting at or by sun down. They continued their protest well beyond sun down.
It's sad that the young people must proceed ahead in their fight for justice for Michael Brown without any legal support from the legal community, especially the Black *legal community. For instance, the police told the Ferguson protesters that they had to continuously march rather than stand still and protest. Where, in the Constitution, does it say that the freedom to assemble means "continuous marching". Clearly, this was nothing but a ploy on behalf of Ferguson officials, which probably worked to some extent, to lead to the marchers getting tired of walking around in circles and eventually giving up. Where was the ACLU? More importantly, where were the Black lawyers? Clearly, the National Bar Association was present. Why didn't they provide the marchers with representation? They should have confronted the police with the First Amendment and informed them that the protesters had a right to stop and protest on the sidewalk, especially if it would not cause any serious safety problems (and it wouldn't) or other interference with public safety (and inconvenience would not be enough). And, if the police did not accept their advice, they should have proceeded to federal court to seek an injunction. The protesters were denied their first amendment right to assemble (by causing some to leave when ordinarily they would not have). This is just one observation that I have. I think it was cowardice on behalf of Black lawyers. I think they (Black lawyers) knew the order to keep marching was an infringement on the protesters' right to assemble, but simply did not want to challenge the police. I don't believe the non-lawyer protestors knew this and just went along with the police commands.
*Black lawyers should also have informed the protestors of the legal standard for an arrest, i.e., probable cause, so that the protestors could understand that they had a valid legal basis for calling for the arrest of Darren Wilson for the murder of Mike Brown, which may have motivated them to persist in their protest activities. The protestors, especially the young ones, got no encouragement or support from the legal community in their protests, which likely resulted in their early stoppage.
Again, I'm so proud of the (especially) young protestors (but, the adults as well). And, I urge them to keep up the good fight, even if its only a few (but there should be many). This is their (our) opportunity to let the world know about the racism in Ferguson, Mo., as well as the United States (because the same thing happens all over the country where the characteristics of Ferguson, Mo. exists). And, it's clear the police hasn't learn anything from the murder of Michael Brown. See the other murder of the other Black man in St. Louis County (a one Mr. Powell). And, yes, that was murder as well. And, both cases and killings were the result of racial discrimination or racism, *that is, both killings were racially-motivated murders. Neither man would have been shot and killed if he were white.
August 22, 2014
(Today's Date)
August 21, 2014
(Original Date)
*Denotes a change made in the original blog (either adding or deleting)
**UPDATE-Denotes NEW information added to the blog after publication of the original blog
This will be one of my shorter blogs. I simply want to express my enormous pride, as a Black man and a Black lawyer in America, in the Black citizens of Ferguson, Mo., especially the young ones. It so reminds me of the early civil rights movement, when young people had courage, i.e., the lunch counter sit-ins and other protests involving police dogs and water hoses. *It also reminds me of the 1963 Watts (CA) riots, which I witnessed firsthand. Today's young Black people (as well as adults), on the whole, lack courage. We are, for the most part, cowards. We don't do anything. We don't say anything. And, we don't support one another. It's sad that it has taken the loss of a young Black life to bring out the courage of the few Black young people (yes, there are adults also, and I am proud of them also, but the biggest brunt is borne by young people) of Ferguson who have persisted in exercising their civil rights in the face of tear gas, rifles, *tank-like and other war machinery. They have persisted over a period of ten days, even though other so-called Black officials, along with some white officials, have encouraged them to revise *or alterate their protest, e.g., stop protesting at or by sun down. They continued their protest well beyond sun down.
It's sad that the young people must proceed ahead in their fight for justice for Michael Brown without any legal support from the legal community, especially the Black *legal community. For instance, the police told the Ferguson protesters that they had to continuously march rather than stand still and protest. Where, in the Constitution, does it say that the freedom to assemble means "continuous marching". Clearly, this was nothing but a ploy on behalf of Ferguson officials, which probably worked to some extent, to lead to the marchers getting tired of walking around in circles and eventually giving up. Where was the ACLU? More importantly, where were the Black lawyers? Clearly, the National Bar Association was present. Why didn't they provide the marchers with representation? They should have confronted the police with the First Amendment and informed them that the protesters had a right to stop and protest on the sidewalk, especially if it would not cause any serious safety problems (and it wouldn't) or other interference with public safety (and inconvenience would not be enough). And, if the police did not accept their advice, they should have proceeded to federal court to seek an injunction. The protesters were denied their first amendment right to assemble (by causing some to leave when ordinarily they would not have). This is just one observation that I have. I think it was cowardice on behalf of Black lawyers. I think they (Black lawyers) knew the order to keep marching was an infringement on the protesters' right to assemble, but simply did not want to challenge the police. I don't believe the non-lawyer protestors knew this and just went along with the police commands.
*Black lawyers should also have informed the protestors of the legal standard for an arrest, i.e., probable cause, so that the protestors could understand that they had a valid legal basis for calling for the arrest of Darren Wilson for the murder of Mike Brown, which may have motivated them to persist in their protest activities. The protestors, especially the young ones, got no encouragement or support from the legal community in their protests, which likely resulted in their early stoppage.
Again, I'm so proud of the (especially) young protestors (but, the adults as well). And, I urge them to keep up the good fight, even if its only a few (but there should be many). This is their (our) opportunity to let the world know about the racism in Ferguson, Mo., as well as the United States (because the same thing happens all over the country where the characteristics of Ferguson, Mo. exists). And, it's clear the police hasn't learn anything from the murder of Michael Brown. See the other murder of the other Black man in St. Louis County (a one Mr. Powell). And, yes, that was murder as well. And, both cases and killings were the result of racial discrimination or racism, *that is, both killings were racially-motivated murders. Neither man would have been shot and killed if he were white.
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