Local Prosecutor Acts Like He is Darren Wilson’s Defense Attorney


Amid the signs of a return to normalcy in Ferguson, it’s tempting to just move on to the next story.  Often, it’s “easier” to suggest that with the removal of outside agitators and the absence of dramatic film footage, the “problem” of Ferguson has been solved.

Actually, this overlooks the reasons for the protests. They began when eighteen year old Michael Brown was shot dead by Darren Wilson, a Ferguson PD police officer. Brown’s body was left uncovered for four hours.  However, his death was the straw that broke the camel’s back, rather than the cause itself.

The protests were culmination of a variety of issues related to economics, housing and police practices that many of us want to believe won’t exist if we just don’t talk about them.  Yes, racism played a role in this story. The issues will take time and effort to be resolved, but to suggest that they have been resolved because calm is returning to Ferguson amounts to sweeping these problems under the rug.

The coexistence of racism with police practices and the local legal system is one of those issues.  As noted by Supreme Court Justice Ruth Bader Ginsburg during an interview with National Law Journal,

 Once [gay] people began to say who they were, you found that it was your next-door neighbor or it could be your child, and we found people we admired,” “That understanding still doesn’t exist with race; you still have separation of neighborhoods, where the races are not mixed. It’s the familiarity with people who are gay that still doesn’t exist for race and will remain that way for a long time as long as where we live remains divided. (My bold for emphasis)

With the separation of neighborhoods, schools, jobs, and overall life, the result is a different set of perceptions about the role of race in police practices and the administration of justice.  We see it in perceptions about Michael Brown, Darren Wilson and the protests.

Things are calmer in Ferguson, but the chasm between perceptions about policing and justice remain and that chasm is reflected in the positions that people have taken on Michael Brown’s death. Whites predominantly believe that Wilson acted appropriately while blacks predominantly believe that Michael Brown was murdered.  Whites predominantly believe that race played no role in this case while blacks predominantly believe was a factor.

The disturbing “reasons” that some of Wilson’s supporters stated they believe him are based on racism. These sentiments give credence to the belief by black people that the sort of justice you get is dependent on your skin color.

We also see it in data that shows if you’re black you’re more likely to be stopped and more likely to be arrested.

So far, the way local officials released information follows a disturbing pattern that gives validity to suspicions about the Ferguson Police Department and the ability of local prosecutor, Bob McCulloch, to follow the evidence and apply the law in a fair and objective manner. Part of the suspicion about McCulloch is based on his extensive ties to the police department and the fact that his father who was a police officer was killed by an African-American man. The Mound City Bar Association, has asked McCulloch to recuse himself indicating that there is a vast amount of distrust in McCulloch’s ability to deal with this case properly. McCulloch’s decisions in this case add to that suspicion.

One thing that jumps out is the release of incident reports. There is a relatively detailed incident report of Michael Brown’s alleged involvement in stealing cigars.  Darren Wilson did not write an incident report on his encounter with Michael Brown.

It took nearly two weeks to get the document that was released, as a result of a lawsuit by the ACLU.

That document is notable because it is two pages of no information.  You can see for yourself, here.

The St. Louis police released another “incident report” That document is also sparse on information. We know it was “entered” on August 19th.  It was approved by a Supervisor eight minutes after it was filed and got final approval the following day.  It tells us Michael Brown’s name. This took 10 days?

The only reason we know Brown was shot at least six times is because his family got a private autopsy and a preliminary autopsy report was released to the New York Times.  We also know there was no gunshot residue on Brown’s skin.

If we had to rely exclusively on the flow of information from local authorities, the only things we would know about preliminary autopsy findings by the local medical examiner is that Michael Brown was shot “multiple times” in the head and chest, and the irrelevant but prejudicial information that marijuana was found in his system.

We don’t know if Wilson’s car or weapon were examined.  We don’t if Michael Brown’s DNA is present in the car or on Wilson’s weapon.  We don’t know if the shell casings and bullets were collected.  We also don’t know if there was gunshot residue on Michael Brown’s clothing.

True, one can point to the fact that the investigation is on-going and that evidence has to be reviewed by the grand jury.  But it begs the question, why release prejudicial information about Michael Brown while withholding Darren Wilson’s name for nearly a week, and next to nothing about his version of the story?  What has emerged of Wilson’s story has been debunked, such as the claim that Wilson had a serious eye injury. Justin Baragona examines this in detail.  Then there’s “Josie’s” statement to the Dana Loesch show. Even if “Josie” knows Wilson, her information is based on what she says Wilson told her. “Josie” is not a witness.

One can also point to prejudicial information about Dorian Johnson in an effort to discredit his statements about the events leading to Michael Brown’s death. The only problem with that is the fact that other witnesses  corroborate his statements on the relevant issues.  Even if you question the veracity of several witnesses who saw the same thing and didn’t know each other, they have video that corroborates their statements. There is a consensus on the relevant facts. Brown was running away from the Wilson when he was shot.  He turned around and was trying to surrender.  Wilson kept shooting as Brown was falling to the ground.  This is what is relevant, regardless of what may or may not have occurred with cigars and frankly even what occurred during the encounter at Wilson’s car.

Another curious thing about this case lies in the prosecution’s decision to go to a grand jury.  A grand jury proceeding is secret, the prosecutor decides what evidence to present and what witnesses to call.  There is no opportunity to present a defense. The evidentiary standard is lower than in court.  For example, heresay evidence that would be ruled inadmissible in a trial is allowed in the grand jury.  The prosecutor could have, and in this case should have, filed the charges himself.  But that would mean opening the process up with a preliminary hearing where the rules of evidence are tighter and people can see for themselves if justice is being served.

There is another red flag.  The prosecution invited Wilson to testify before the grand jury.  To put it mildly, this is unusual.  For all we know, Wilson may have testified before this grand jury panel on another matter, and established a reputation of credibility.  It’s a safe bet that he will not go before the panel to present them with self-incriminating evidence.

Meanwhile, Darren Wilson is on paid leave.  He skipped town before his name was released to the public.  Imagine if the roles had been reversed.  Would the shooter be free to skip town before his name is released to the public?  Would he be on paid leave? Would officials have waited a week to release the name of the shooter?  Would they have released information about the case as they did in this instance?

It’s impossible to see how justice can be served by the decisions made so far and by the selective way by which information is being disclosed.  It’s little wonder that Michael Brown’s family and many in the community don’t trust local officials to get justice for Michael Brown.

Image: Music Times

35 Replies to “Local Prosecutor Acts Like He is Darren Wilson’s Defense Attorney”

  1. The actions of the police in this case as far as investigative methods are worse then the OJ trial. This case has been botched to the max and that goes to the benefit of the cops.

    Leaving the body uncovered for four hours goes way beyond the pale and shows a total amount of disrespect. Totally unbelievable to make the entire neighborhood to stand there and watch the body. They shoved the while thing right into the community’s face and laughed

  2. You know I have trying to find out how many murders were committed in St. Louis county this past year. The only figures I have come up with is 36 out of a population of almost a million. Ferguson was not mention so as far as I can tell there were no homicides this year in Ferguson except one.

    The execution of Mike Brown by the police

  3. The only justice in this case will come at the Federal level; that much should be obvious to all.

    The Feds, that is, and Karma. Wilson’s career in law enforcement is over, regardless of what happens next. As is his future in a security-related job for anyone but the KKK.

    It is a *small* measure, granted, but it IS something.

  4. I realize that a certain amount of desensitization is normal for those routinely around morbid situations but leaving Mr. Brown’s body lying there without so much as a sheet to cover him…

    It has the stench of a hunter’s mentality with his fresh trophy sprawled across the hood of his hunting wagon to me.

    This had to make all Ted Nugent types so proud.

  5. Local Prosecutor Acts Like He is Darren Wilson’s Defense Attorney

    This is exactly the sense I got just listening to McCulloch. For a day or so, I actually thought that he was the Public Defender rather than the Prosecutor. Then I’m reminded that he’s supposed to prosecute, not defend Officer Wilson.

    This tells me that, using taxpayer dollars, the authorities in St Louis County and Ferguson are working very hard to get a full acquittal for Darren Wilson, and they’re putting in place the strategy to forgive him for cold-blooded murder, because that’s exactly what he did – murder.

  6. a must read:http://www.esquire.com/blogs/politics/The_Body_In_The_Street

    “… I keep coming back to one simple moment, one ghastly fact. One image, from which all the other images have flowed.
    They left the body in the street. Dictators leave bodies in the street. Petty local satraps leave bodies in the street. Warlords leave bodies in the street.

    A police officer shot Michael Brown to death. And they left his body in the street. For four hours. Bodies do not lie in the street for four hours. Not in an advanced society. Bodies lie in the street for four hours in small countries where they have perpetual civil war. Bodies lie in the street for four hours on back roads where people fight over the bare necessities of simple living, where they fight over food and water and small, useless parcels of land. Bodies lie in the street for four hours in places in which poor people fight as proxies for rich people in distant places, where they fight as proxies for the men who dig out the….

  7. I have a feeling this will be a repeat of the Zimmerman case. If there is a trial, he will get off because the prosecutor won’t fight for the people. I just hope in this case the DOJ does step in and find that Brown’s civil rights have been violated. If he gets off it will send a message it is OK for the Cops to kill. Whites who think they are safe won’t be safe forever. We are moving towards a Police State like a third world country.

  8. The shame and actions with this prosecutor and police is only comparable with the greater average of prosecutors and police across this nation. Prosecutors have always been in bed with police. McCulloch is just brazen with his alliance and Wilson knowledge of this fact explains his murderous actions. Both may well become among some the rising “postal children” of this unholy and unconstitutional alliance between the judicial system and police. One can draw one’s reasoning not only from their actions but the statements of those marching for D. Wilson and the police. The one statement that stands out is their pointing to others for branding Wilson guilt before his day in court. Knowing that one of their own (McCulloch) is totally in charge of guilt/innocence at this point. With him not filing charges speaks high of his intents. One can go on and on about the both actions but this would be to no avail for those that think that Wilson and McCulloch actions are legal. Enough!!

  9. why release prejudicial information about Michael Brown…

    You know why. We all know why.

    Paint the victim as a thug and you paint him as one deserving death. “He got what he had coming to him” is what the police WANTED to say but that’s not a very good thing to say publicly so instead, they try to damage his character.

    Still the same thing – he had it coming.

    This is 2014 but we are still a divided nation – and we will stay that way until we stop looking at the color of a person’s skin and instead start looking at the PERSON.

  10. “Well, if one really wishes to know how justice is administered in a country, one does not question the policemen, the lawyers, the judges, or the protected members of the middle class. One goes to the unprotected — those, precisely, who need the law’s protection most! — and listens to their testimony. Ask any Mexican, any Puerto Rican, any black man, any poor person — ask the wretched how they fare in the halls of justice, and then you will know, not whether or not the country is just, but whether or not it has any love for justice, or any concept of it. It is certain, in any case, that ignorance, allied with power, is the most ferocious enemy justice can have.”
    — James Baldwin. No Name in the Street. 1972.

  11. …in direct violation of the Constitution, {y’know, what is supposed to be Holy Writ for the Teahadists, along with cherrypicked scriptures, mostly from the Old Testament…the JEWISH book of Laws, customs, prophecy and early history}
    …these pseudoChristians are as transparent as a brick, and wanna just sweep it all under the carpet, just like they always have…
    …they didn’t count on it becoming a {literal!!!} Federal case…they never dreamed the media would descend on Ferguson and show the world their deliberate ineptitude…which continues because THEY HAVE NO IDEA HOW REAL POLICE WORK!!!
    …so their Fascist policing “methods” have been showed to the world…
    High Irony: the EGYPTIAN government warned the St. Louis area, and the US Government to be careful how they handled this…

  12. …and Gov. Jay Nixon has proved himself a weakling who just wants “business as usual”…he seems to have “Anal Ostrich Syndrome” as he shoves his head up his own ass at the slightest demand he do something…then he can’t hear the criticism…

  13. This is so horrible. What justice system? It’s all pre decided. They make the story up as they go. The officer couldn’t even fill out a thorough report let alone tell the truth as to why he shot and killed an unarmed person. He didn’t know about the robbery,he seems not to know much at all. His anger got the best of him,nothing else.
    I am sad for the young mans family, to degrade and humiliate him like some are doing is just their stupidity showing. I always was sure that Police were trained to think before they act but obviously not. If you do not like the people,have prejudices against them you chose the wrong career. Do everyone a favor and look for another job. Bully’s need to be weeded out.

  14. I just want to say, as a white woman from the deep south,I realize that so many of us who completely disagree with the vile racism and blatant abuse of police power in Ferguson,and around the nation must stop being silent. I’ll go first, shall I? I stand with Ferguson and anyone around the world who is experiencing discrimination, and let me tell you why. Here is a quote by Methodist pastor Martin Niemoller about the holocaust,that sums it up nicely,
    “First they came for the Socialists, and I did not speak out—
    Because I was not a Socialist.

    Then they came for the Trade Unionists, and I did not speak out—
    Because I was not a Trade Unionist.

    Then they came for the Jews, and I did not speak out—
    Because I was not a Jew.

    Then they came for me—and there was no one left to speak for me.”
    Together we stand, divided, we fall. Every single human being on the face of this earth is deserving of the same rights as every other human being. It’s literally that easy.

  15. The Washington Post finally committed acts of actual journalism and looked into the job history of Officer Darren Wilson, the Ferguson, Missouri cop who killed unarmed Michale Brown two weeks ago. Turns out Wilson’s former police department in Jennings, Missouri was so awful that it was disbanded by authorities.

  16. It was wrong and stupid not to release exact information about what happened. And I do not know what happened.
    What I do know is the direct eye witness (according to the Post Dispatch) is now
    changing his statement say that Brown charged the officer.
    In addition, exrays have been released showing extensive facial injuries to the cop.
    But what has really forced me to comment is
    Clay and Sharpton. Clay as a member of congress decided that the constitution does not apply and demanded immediate arrest and trial…the hell with due process and did Sharpton.
    My ire has been raised by the fact that neither of these “spokemen” have ever done anything for a neighborhood where people sleep on the floor to protect themselves from gunfire from their neighbors; where 75% of the kids meet the requirements for free meals and only 10% of the population voted in the last election. Seems like these buttheads like the publicity but don’t want to go out of their way to change.

  17. Post a link to this changing of the story, That’s rich that the boogy man Sharpton wanted to suspend constitutional rights to protect your WHITE officer. I guess you slept through that part of civics class where the police suspended the 1st amendment rights of the people to gather and petition their government and the rights of a free press. Oh I get it they don’t have those rights. GTFO

  18. I do not understand how, in this era, anyone can believe a shooting really happened. Look, at the facts, people. Do the research. Something does not smell good in the state of Denmark.

    In other words, the so-called Michael Brown shooting was a hoax. There was no Michael Brown killed in that area. Check it out for yourselves – if you dare!

  19. i am having a hard time understanding where all this rage for officer wilson is comming from. i understand the rage in general, but the author asks too much of me in suspending disbelief and logic. she wants me to accept that drugs in mike brown’s system is irelevant, and that dorian’s (mike’s friend) testimony is true, and that the robbery minutes before mike was shot was irrelevent to the events that day. i think all this is central to what happened that day. it speaks to mike’s state of mind. dorian’s testimony has been refuted by the autopsy, and he has incentive to lie, he has lied before. what happened to mike is a tragedy, this country has racial problems, this i can accept. but making a stand on this particular case, against this particular officer, im not so sure. the cop in new york with the choke hold; he knew it was illegal, he wasnt alone, arrest him, he broke the law. we minorities need to be mindfull as to when and how we make a stand, because it speaks volumes abou…

  20. i cant stand fox, or pretty much any other 24 hour news channel. and i dont know how often they are shot down, seems like all the time from watching the news. it sucks every time, but i wasnt writing about all those other times. i was writing about this one. and i woulndt fit in, in an all white panel.

  21. First of all even if Mike Brown had the devil weed in his system weed does not make you violent so you should research it before you make such a dumbass statement. Second of all where is this link that “Dorian” retracted his original statement? Third of all Mike Brown was shot 5 times once in the eye and then finished off with a kill shot in the top of his head. 4th of all the shooting took place at 12:03 but wasn’t called in till 12:43. And without getting into the lies and character assassination of another Black male which is fine by you THEY LEFT HIS F*CKING BODY LAYING ON THE GROUND LIKE A F*CKING TROPHY FOR 4 GODDAMN HOURS.

    Think about that before you come on here parroting the Reich talking points.


  22. listen, i took you one comment before you started the name calling and saying im ok with character assasination(i hope the irony doesnt escape you). “weed does not make you vioelent” (your words, do u work in medicine, i do), i never said they do, i will say they are mind altering, and can alter someones “state of mind”( my words). the police behaved with a gross lack of sensitivity( understaement of the century, i know), does logic dictate i should throw out all evidence against, no. i feel you keep trying to pigeon hole me at every turn, thats too bad, we could have had a decent coversation, good luck to you, you obviously have all the answers.

  23. What is this evidence you speak of? Surely not the one where there is tape showing Mike Brown paying for the cigars? Maybe is the evidence where they said he stole 48 dollars worth of cigars and I know you don’t know but trust a box of phillie blunts is less than 5 dollars. I would like to see the evidence of the incident report but Oops the dog ate it because there is none. But Josie called in and gave the account of what happen. The problem with that is Josie read it from a facebook page and on top of that she wasn’t even there. I got it the broken orbital bone Wilson suffered. Turns out they use stock footage from the University of Iowa and then turned around said No he had a swollen face. Oh really? If that’s the case why were no pics taken at the scene and why he didn’t receive any medical attention at the time?

    you say I have all the answers? No I have no answers because the public has been lied to from the beginning but you keep living in your fairy tale world where Officer Friendly is truly your friend. Remember the next time you are pulled over don’t give no sass or the side eye because you may be next

  24. @ Kelli.. In total agreement.. This “evolution of evil” by the Nazi empire is what your preacher is speaking about. One can be for sure that this Nazi mentality is alive and growing in mindsets and actions across this nation these days. The closest this mindsets these days is the Tea Party. All they are looking for is a Hilter type to lead them. Ted Cruz is to brown, Sarah Palin is a woman and just to stupid dumb. The Koch brothers and Donald Trump love money to much to be even considered. With that being said, the most frightening is the fact that their chief enforcers are increasingly becoming the local police departments.

  25. Bebe while I agree with your emotions, we try not to wish any harm on people here. Shooting one person doesnt fix the shooting of another

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