Prosecutor Admits He Let Witnesses Who “Absolutely Lied” Testify Before Ferguson Grand Jury



In an interview with a St. Louis radio station Friday, St. Louis County Prosecutor Bob McCulloch admitted he let witnesses who “clearly were not telling the truth” testify before a grand jury that decided not to indict former Ferguson police officer Darren Wilson. Wilson was facing possible charges for shooting and killing unarmed teenager Michael Brown in August. Last month, McCulloch announced the grand jury had reached ‘no true bill’ and Wilson would not be charged with any crime. Immediately following the decision’s announcement, violent protests shook Ferguson, and demonstrations took place nationwide in the subsequent days.

This was McCulloch’s first public interview since the press conference he held November 24th to announce the decision and take questions from hand-picked reporters. McCulloch has faced intense scrutiny and criticism not only for the way he handled the case, but for the way he decided to release the grand jury’s decision. It was widely believed that the St. Louis area would be given 24-48 hours notice ahead of the announcement, and it would be done during daytime hours. Instead, McCulloch waited until primetime on a Monday evening, after word was released earlier in the day that the decision had been reached. For an area on edge, it seemed like McCulloch did his level best to get the most violent reaction possible from people in Ferguson.

Speaking with KTRS’s McGraw Milhaven, McCulloch broke his silence and discussed the grand jury proceedings that led to Wilson’s non-indictment. Regarding recent news that at least one witness that testified to the grand jury obviously presented false testimony, McCulloch admitted to Milhaven that he knew he presented witnesses that lacked credibility to the grand jury. However, he was just doing what he promised to do at the beginning, which was present all of the evidence to the grand jury and let them decide. Therefore, he let anyone who came forward and said they were at the scene of the shooting speak before the grand jury, regardless of how sketchy their story appeared.

Well, early on, I decided that anyone who claimed to have witnessed anything was going to be presented to the grand jury. And I knew that no matter how I handled it, there would be criticism of it. So if I didn’t put those witnesses on, then we’d be discussing now why I didn’t put those witnesses on. Even though their statements were not accurate.

So my determination was to put everybody on and let the grand jurors assess their credibility, which they did. This grand jury poured their hearts and souls into this. It was a very emotional few months for them. It took a lot of them. I wanted to put everything on there. I thought it was much more important to present everything and everybody, and some that, yes, clearly were not telling the truth. No question about it.

Milhaven later asked McCulloch if he was thinking about charging anyone with perjury over their false testimony. This was an obvious reference to “Witness 40,’ who The Smoking Gun has identified as Sandra McElroy, a St. Louis woman who has a history of racism and making false statements. While McCulloch said he knew that some witnesses “absolutely lied under oath” and one particular witness “clearly wasn’t present when” the shooting happened, he would forego charging any witnesses with perjury.

Below is video of the entire interview, courtesy of KTRS:


Throughout the interview, McCulloch maintained that he not only did his job in presenting the evidence for a possible indictment, but went above and beyond by making sure the grand jury was given every possible piece of evidence and testimony to sift through. Which is, of course, the very problem in this instance. McCulloch essentially played defense attorney for Wilson and inundated the grand jury members with all sorts of testimony and evidence that could potentially sway any of them to see things one way or another. Hearsay, unreliable statements and witnesses who were completely lying were all placed before the jurors.

The whole world knows McCulloch did not want to indict a police officer and did his damnedest to allow Wilson to walk. The prosecutor made sure to concoct a scenario where Wilson was let off scot-free and he could claim he did what was necessary.

41 Replies to “Prosecutor Admits He Let Witnesses Who “Absolutely Lied” Testify Before Ferguson Grand Jury”

  1. You can’t make this stuff up! He needs to be FIRED!!! Whenever civil rights violations occur, the federal government needs to handle it. This is a conflict of interest, to say the very least. Governor Jay needs his ads kicked! He knew it wasn’t right to allow this buffoon to prosecute this case!
    The D.A.’s office works with the police, if course they colluded! If this isn’t a case for the DOJ, I don’t know what is!

  2. He opened his yap and surprise, the truth came out. He needs to be held accountable for his malfeasance, to use an extremely mild term.

  3. To put it mildly it’s called suborning perjury. At the very least he should be disbarred and prosecuted.

  4. It is a real injustice when a person sworn to provide and protect justice violates the justice he/she is sworn to protect. This should not be tolerated by co-professionals, especially members of bar associations where this incidence of mis-justice reflects on the integrity of the profession. I really hope, though I know that it won’t happen, these professional associations do something to assure that justice is rendered appropriately in this situation. I pray that this happens!

  5. If you’re absolutely certain that someone wasn’t “clearly wasn’t present” to be a witness, then how does that qualify as evidence?

  6. It’s time for Attorney General Holder to get involved. As far as i’m concerned this is the smoking gun and this is grounds for this criminal alone with the cop to have charges brought against them.

  7. Why is anyone surprised at this “confession”. A good many of us who felt Wilson was guilty knew there would be no indictment.

    There is only one bright light to shine on this. What he did was prosecutorial malfeasance, KNOWINGLY allow people to lie and perjure themselves. Hopefully the DoD will take this “confession” and give Mr Prosecutor something for which he is most deserving; prosecution, jail time and a lifetime disbarment. Let him wash cars for a living, now

  8. So if he let people testify that he knew were lying, that means he wasn’t interested in the truth. He didn’t want the Grand Jury to know the truth either. He should be disbarred. Who does that? Lets a lying witness testify and doesn’t cross-examine them to catch them in their lies. He didn’t present all the evidence. He presented false evidence.

  9. So he admits to rigging grand jury testimony and claims he was doing his job. The man needs to be relieved of office for willfully setting up a sham.

  10. Oh, once the “jury is out,” it is okay to “tell the truth.”

    Pathetic miscarriage of justice.

  11. Not only should this man that was supposed to be in charge of seeking justice guilty of subornation of perjury, he openly admits to obstruction of justice. He truly thinks he and his kind are above the law. Now it is pass time for all involved to be charged at federal level since they control the law at the state and county level…

  12. Where is the Amer. Bar Assoc. Broad? Where the Governor? Where is ACLU? This man should be dis-bar from practicing law. EVER!!!!

    The Grand jury decision should be overturn. The Brown family should sue the state.

  13. This prosecutor needs prosecuting. The governor needs to appoint a special prosecutor and sit a new grand jury. To allow a prosecutor to use a witness he knew was committing perjury is inexcusable and goes against everything decent. America is becoming unrecognizable. This situation needs immediate correction.

  14. The irony in this is that normally the prosecutor will twist the evidence and collude with police to get an indictment on a person who is innocent. Everyone (myself included) is angry because he did what he’s been doing for years: presenting false or sketchy evidence, suppressing evidence that won’t get his desired results, and just generally manipulating the Grand Jury. It happens all too often all over the country and since there are no penalties for the prosecutors or cops who collude to see justice is not done it will not stop.

  15. Maxie, hate to inform you, but ALL prosecutors work with the police, it is their job! Hardly evidence. If you want to return to lynchings just say so.

  16. Return to lynching’s? That’s funny the only difference between now and then is they do it under the color of the law

  17. This story never says WHICH testimony was false. Basically, this story was written to stoke the hatred without providing any actual evidence of anything. You all THINK you know who was lying but the Prosecutor’s version of who was lying and Al Sharpton’s version of who was lying are probably not the same thing. Just more fanning the flames of hatred and hoping for another riot.

  18. To add to this particular issue, the prosecutor presented the very outdated, WRONG law to those jurors at the beginning of the case; thereby “coloring” in their minds the wrong prism through which they should view all the testimony!

    It was only just before the deliberations began that the prosecutor said “oops! Wrong law.” The issue was that the new law made it illegal to shoot at a fleeing suspect!

    This guy should not only be disbarred (where ARE you, Missouri Bar Association?) he should be tried in a Federal courtroom.

  19. Using the excuse of ” I am damn if I do and damn if I do” is just bias excuse for covering one’s a*s. In this particular case, this prosecutor decided that his best bet, being knowingly bias at onset. knew how to get a non-indictment by using the power of his office to cover his criminal a*s. He did not consider in his bias mindset, if there is anything to impartial justice under sovereign law, opened that proverbial legal door for his cases past and present with respect to the use of excessive force to be re-evaluated by impartial minds. Some will say that this is blowing hot air. The law tends to works that way at onset if it is equal and justice to all. He openly admitted to subornation of perjury and obstruction of justice by knowingly introducing false testimony, and arrogantly done so with eyes across the world watching. Since he so arrogantly opened the door, lady justice streams for impartial eyes and minds. Not to do so, validates his above the law arrogance.

  20. This does not help people. This is not justice
    A gunman shot dead two NYPD officers in Brooklyn before apparently taking his own life, NYPD sources tell AOL News.

    Ismaaiyl Brinsley, a 28-year-old black male, posted multiple times to a now-deleted Instagram account that he was getting revenge for the death’s of Staten Island man Eric Garner and Missouri teen Michael Brown. One of the posts included his blood spattered pants.

    Brinsley ambushed two police officers sitting in a marked squad car in the Bed Stuy section of Brooklyn at 2:47 p.m., cops said. They were both shot in the head execution-style.

    One officer was pronounced dead at the scene, the other died at a nearby hospital, said police. Neither has been identified.

  21. I believe the prosecutor handled it very well. Instead of him deciding who was telling the truth, he let the grand jury decide. The Grand jury decided after hearing all the stories from all who thought they knew what happened.

  22. Of course you do Deborah. The prosecutor admitted he willfully presented evidence to the grand jury that he knew was fraudulent.

    To sane people, a prosecutor presenting tainted evidence to jury members who rightfully expect that the evidence was vetted, would not be described as someone who “handled it very well.”

  23. Deborah, that’s the dumbest comment on this entire thread. Since you obviously have no earthly clue how a Grand Jury is supposed to work, you really should refrain from adding such idiotic blather to such a serious discussion.

    Educate yourself if you’re going to try to comment.

  24. I find it amazing that everyone is guilty of crime except the one who stole, man-handled the clerk and attacked a police officer who was trapped in his car by an “unarmed teeager” who just happened to be 6’6″ and 300 lbs. My, my.

  25. If the killer was trapped in his car why was Mike Brown gunned down 150 ft. from the vehicle. Racist idiot

  26. I wholeheartedly agree with you. This yokel doesn’t know the first thing about being a Prosecuting Attorney. His job is to Prosecute, not defend a killer. He should be brought up on lots of charges, and I hope the family sues the living crap out of him. He should also have his law license cancelled; if he really even has one, which I’m beginning to wonder about. He couldn’t possibly be THAT stupid.


  27. Just incase you didn’t read the article before commenting I have copied the pertinent information for you.

    “Witness 40,’ who The Smoking Gun has identified as Sandra McElroy, a St. Louis woman who has a history of racism and making false statements. While McCulloch said he knew that some witnesses “absolutely lied under oath” and one particular witness “clearly wasn’t present when” the shooting happened, he would forego charging any witnesses with perjury.

  28. Wow, how did Mike Brown grow two inches taller while BLACK and DEAD.

    Wilson is 6’4″ tall as was Brown.

    We will never know if Mike Brown was guilty of the alledged robery. Because he is DEAD.

    This Cop was extremely afraid of a black man running away from him. So he shot him.

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