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.
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2 comments:
I find those type of killings by cops, especially those of African American males and in the manner and frequency of which it's done, to be most outrageously evil and upsetting, because of the facts, that it lacks human compassion and decency. Also, I have no doubts African Americans and other blacks are mostly made to feel bereft of their dignity and their inalienable rights under the turbulent ideology of white supremacy and of a democracy choosing to showing duplicity, which foster those killings taking place. Thereafter, hypocritically coming out showing a subliminal methods by putting up an affront investigation.
As a friendly way of sharing my expression and with empathy. I say this, being cognizant of the facts that they have some cops who are characteristically known to suffer with some acute disease, particularly of some ignoble fear and in its crudest form of blackophobia, in which case they deliberately go out and look towards challenging the blacks, whilst wearing a gun and a badge, then cowardly claiming to experienced fear and feeling threatened, after its too late and the damage is done.
What's Strange to me is; how they never tend to express concern of fear for someone's else safety, especially, they are the one who initiate contact and approach the person seen as suspects. Therefore, their perception of fear and feelings which applies only to themselves, even more so should be seen as a response by someone adequately prepared for some action and more-so, acting in a confident manner, especially when they have realized the person does not carry a weapon or either armed with a gun.
Furthermore, they have some playing daredevils, killing blacks, simply for creating a devilish bout, then being set free, by their peers. As an incentive to serving and consequently protecting their own race shameful and violent behaviour, this has become an aberration of justice.
The attitude of the American system towards such a simply task such as distinguishing that which pertains to the unlawful killings of young African Americans males. Naturally, this is very controversial.
Those of us who wishes to remain as civilize humans, in our walk of life, we just can't remain; unconcerned, ignorant, and humbled to kept silent to such subliminal methods of putting up an affront investigations. Especially, as we advance from the devastation left by a particularly racist part of the human race, whom as scourger and violation of other human endeavour, many had been ill treated.
The needless slaughter of Michael Brown case is a live wire, which shows lucidly that America is moving in the wrong direction. Because such an act symbolises it was done by an aggressive forceful character in a bad mood and with some diabolically cruel intention to permanently inflict serious consequences and to deprive life.
The decision by the Grand Jury under the own guise of Bob McCulloch and not to charge officer Wilson, is unreasonable. Furthermore, they too can now be seen for what they concur to; as agent provocateur, whilst blatantly showing that theirs is an animalistic people behaviour, for approving such an action to go without a trial and to show that it's legally condoned, or to be prolonged in a system of justice. Also, proving their capacity for making sound decision, is very controversial, on our score chart for matters pertaining to human rights. As it shows, their decision is outrageously evil and upsetting, because of the fact, that it lacks an element of human compassion and decency towards their fellow-men.
The Grand Jury is supposed to be a legal body and yet they failed noticing to recognize the fact, that the officer could have done more to prevent death easily by finding another way and making other arrangements, in turn to make a clean arrest. The way in which they handled the situation, obviously he used his position as a cop assigned to unleashed an ill-will services and using unnecessary force. Enough to take the life of another human being.
In this case, it does show, there is a conflict of interest, which in effect, confidence has been shattered, thus, sparking out in demonstrations and riots taking place all over the world. Its alarming for us not to contemplate, such deterioration does not leave much hope, or trust for building a better relationship between the people and the American police force to uniquely fight crimes, unless justice is optimize and seen doing relative justice.
It would be better suited for America twenty first century policing, to start recruiting a diversity of young police to safe guard the people, with a sense of moral responsibility, and being adequately trained, rather than employing those wearing tattooed and seen practising anti-Semitism and racially profiling someone because of their origin.
Again, as a friendly way of sharing my expression and with empathy. I say this, being cognizant of the facts that there are some cops who are characteristically known to suffer with some acute disease, particularly of some ignoble fear, in its crudest form of blackophobia, to go out and challenge them, wearing a gun and a badge, then cowardly claiming that they felt threatened. Furthermore, some playing daredevils, killing blacks, simply for creating a devilish bout, then being set free, by their peers. As an incentive to serving and consequently protecting their own race shameful and violent behaviours.
Have yourself a wonderful New Year and hoping that all Americans would see there is no need tearing each other apart. We all are winners when we all get along.
God Bless
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