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re: DA McCulloch

Posted on 11/25/14 at 6:26 am to
Posted by Jim Ignatowski
Louisiana
Member since Jul 2013
1383 posts
Posted on 11/25/14 at 6:26 am to
quote:

They have been prepping that presentation for a loooong time, bruh.


They sure have....it's what professionals do.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54207 posts
Posted on 11/25/14 at 6:30 am to
quote:

I 100% disagree with his choice to announce at 8pm.


Do you really think the decision was his and his alone? I don't. Also, when are there less people on the streets, the local people either going to or coming from work? There would have been more chaos on the roads at 8 am than 8pm.
Posted by son of arlo
State of Innocence
Member since Sep 2013
4577 posts
Posted on 11/25/14 at 6:40 am to
McCulloch was on Obama's Truth Squad in 2008. (skip to 1:14)

Back then he was a warrior for truff. Now not so much.
Posted by germandawg
Member since Sep 2012
14135 posts
Posted on 11/25/14 at 7:10 am to
Dude did a good job considering what he told the public is that he failed in his duties. Grand juries are supposed to indict...the system is weighted so heavily in the favor of the prosecution that it is almost a foregone conclusion that if a prosecutor thinks they have a case to convict the accused is going to be indicted. The evidence in this case was pretty clear to the prosecutor that there wasn't a case. Yet, for obvious reasons, the officer was put through the torment of facing indictment. The instances of a grand jury failing to indict when the prosecutor sincerely is seeking a conviction are fairly uncommon when compared to the instances of succesfully presenting a case to a grand jury.

Here is the fricked up thing and what the American people should be told by the press.....the prosecutor failed in his duty to protect the rights of the accused when there was not enough evidence to suggest a conviction at trial would be forthcoming.

Finally, does anyone sincerely think that the prosecutor could not have gotten and indictment given the evidence in this case? Obviously the evidence supported the officer but does anyone sincerely think that a good prosecutor, bent on conviction, could not have gotten an indictment? If the community decided to go with the sham of the grand jury system they should have sought and received and indictment and allowed a jury to tell the world that the officer was innocent...which he was. Now we have a situation where the people who will make hay in the sunshine has had the light cranked up to full volume.

This case should have never gone to the GJ unless the prosecutor was certain he could get an indictment. To use the system for political purposes is just wrong...understandable but wrong. The system is supposed to protect the innocent as well as try the guilty. The officer here was innocent and was used for political ends and a citizen of this country should not have to go through that.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54207 posts
Posted on 11/25/14 at 7:17 am to
quote:

This case should have never gone to the GJ unless the prosecutor was certain he could get an indictment.


Good point. It was brought out last night that the DA never wanted a GJ hearing but "outside forces" thought it a better idea to do so.
Posted by udtiger
Over your left shoulder
Member since Nov 2006
98698 posts
Posted on 11/25/14 at 7:50 am to
Solid point
Posted by SlowFlowPro
Simple Solutions to Complex Probs
Member since Jan 2004
422392 posts
Posted on 11/25/14 at 7:55 am to
quote:

This case should have never gone to the GJ unless the prosecutor was certain he could get an indictment. To use the system for political purposes is just wrong...understandable but wrong.

take it up with the DOJ
Posted by shattersfull
Member since Dec 2013
64 posts
Posted on 11/25/14 at 8:01 am to
quote:

Grand juries are supposed to indict.


Wrong you really don't know what you are talking about. Sadly most people don't.

quote:

Yet, for obvious reasons, the officer was put through the torment of facing indictment.


Wrong again, it gets all the facts out there and actually protects the officer in future hearings in the federal system and it allows the topic to be dropped by the state.

quote:

the prosecutor failed in his duty to protect the rights of the accused when there was not enough evidence to suggest a conviction at trial would be forthcoming.



Wrong again. The Grand Jury isn't a one way street. It also protected the rights of the "Accused" as you would put it the police officer. It guarantees that the officer can't be brought up on state murder charges later in the event that a political hack does become DA.

You really aren't very educated on this process. It is OK because after listening to the talking heads last night it is clear most aren't.

I guarantee you that he officers attorney welcomed the grand jury.
This post was edited on 11/25/14 at 8:03 am
Posted by lsu13lsu
Member since Jan 2008
11480 posts
Posted on 11/25/14 at 8:24 am to
quote:

They sure have....it's what professionals do.


It is amazing how this appears to be a lost art.
Posted by ljhog
Lake Jackson, Tx.
Member since Apr 2009
19065 posts
Posted on 11/25/14 at 8:39 am to
quote:

I don't know how that could have been done better.

He could have indicted the racist police officer who shot the unarmed AA teenager who was fixin' to go to college.
Posted by germandawg
Member since Sep 2012
14135 posts
Posted on 11/25/14 at 10:07 am to
quote:

quote: Grand juries are supposed to indict. Wrong you really don't know what you are talking about. Sadly most people don't.


Your right....in 2010 there were 162000 cases prosecuted at the federal level and grand juries failed to indict 11 times so .007% of the time federal prosecutors fail to get an indictment. While that is different than what happened here the numbers would be similar at the state level.

The are exception is when grand juries convene in the caste of a crime involving police, especially police shootings....the. The numbers are about the same.....grand juries almost never indict policemen. It does happen, but it is rare. The reason is simple....the person responsible for getting the indictment is on the same team as the accused.....or, in this case, the only reason for taking it to grand jury is because of the political fall out if not done.

I am not a lawyer but a grand jury does not prevent a person from being charged now or later...a judge can allow the case to go forward or another prosecutor can take it to another grand jury in the future. The accused is not placed in jeopardy until a trial jury is selected.
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54207 posts
Posted on 11/25/14 at 10:11 am to
quote:

I am not a lawyer but a grand jury does not prevent a person from being charged now or later...a judge can allow the case to go forward or another prosecutor can take it to another grand jury in the future.


From the state's point of view, the DA said last night it's a closed case. That's how the transcript of the hearing was legally released.
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 11/25/14 at 10:13 am to
quote:

Your right


I know I am right, otherwise I wouldn't of posted.

quote:

I am not a lawyer


This is clear.

quote:

Your right....in 2010 there were 162000 cases prosecuted at the federal level and grand juries failed to indict 11 times so .007% of the time federal prosecutors fail to get an indictment


I am right, this wasn't a federal grand jury.

Keep reaching, your ignorance of the law and the process is astounding, especially in Missouri State Law.

But hey emotions are cool.
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 11/25/14 at 10:14 am to
quote:

I am not a lawyer but a grand jury does not prevent a person from being charged now or later...a judge can allow the case to go forward or another prosecutor can take it to another grand jury in the future.


From the state's point of view, the DA said last night it's a closed case. That's how the transcript of the hearing was legally released.



SHHHHH....he watched crime and order...
Posted by germandawg
Member since Sep 2012
14135 posts
Posted on 11/25/14 at 6:39 pm to
quote:

quote: Your right....in 2010 there were 162000 cases prosecuted at the federal level and grand juries failed to indict 11 times so .007% of the time federal prosecutors fail to get an indictment I am right, this wasn't a federal grand jury. Keep reaching, your ignorance of the law and the process is astounding, especially in Missouri State Law. But hey emotions are cool.



You seem to have a reading problem. I didn't say this was a federal GJ...in fact I said it wasn't. But of course that didn't fit in with your flawed summation.

But why don't you enlighten me since you know so much more than I...I freely admit that I am no where near an expert...like you....so I would love for you to explain how it is common in Missourri for Grand Juries to decline to indict....especially when it is a cop who is under suspicion. This ought to be good....
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 11/25/14 at 7:07 pm to
quote:

in 2010 there were 162000 cases prosecuted at the federal level


quote:

I didn't say this was a federal GJ...in fact I said it wasn't. But of course that didn't fit in with your flawed summation.


No you used Federal Level to compare against a state level. But hey who's summation didn't this fit into?

quote:

.I freely admit that I am no where near an expert.


No shite

quote:

how it is common in Missourri for Grand Juries to decline to indict


Never said it was common...may be you have a reading problem?????

But lets take what you said earlier about grand juries indicting cops
quote:

The numbers are about the same.....grand juries almost never indict policemen.


quote:

.especially when it is a cop who is under suspicion.


uh not under suspicion...it was clear who shot who killed who

quote:

it is common in Missourri for Grand Juries to decline to indict.


This wasn't the first time.

Nice try though, keep reaching and watching law and order and CNN for your legal briefs.

Chow

This post was edited on 11/25/14 at 7:09 pm
Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 11/25/14 at 7:10 pm to
Suite melt
Posted by Elcid96
Member since May 2010
5465 posts
Posted on 11/25/14 at 7:12 pm to
quote:

Suite melt


Melt?

more like pure comedy
Posted by PuntBamaPunt
Member since Nov 2010
10070 posts
Posted on 11/25/14 at 7:13 pm to
Oh, it's funny alright.
Posted by germandawg
Member since Sep 2012
14135 posts
Posted on 11/25/14 at 7:23 pm to
quote:

quote: it is common in Missourri for Grand Juries to decline to indict. This wasn't the first time. Nice try though, keep reaching and watching law and order and CNN for your legal briefs. Chow


Just because something has happened before does nit mean it is common my friend......

I can honestly say I have no idea what Law and Order is....I assume your making some sort of reference to a television show in the United States. I don't think it comes on here but if it does I have never seen an episode. I have seen CNN though....

At any rate I am curious about this subject. From what I have read it is rare for Grand Juries to not indict. Are you saying this is not the case? By rare I don't mean it has never happened. Do you have information that I can read that would support your premise that this is not the case? I have. Done a little research since my first post and all I can find is that it is rarer....you seem to be suggesting that this is wrong and I would sincerely like to read something that supports your premise.
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