Ferguson is Calm, But What if There’s No Indictment?
August 24, 2014 - 9:44 am
The grand jury considering whether to charge Officer Darren Wilson in the Michael Brown case is coming under pressure from politicians and residents of Ferguson, Missouri to do the “right” thing and indict the policeman for murder.
Otherwise…? The unspoken threat that violence would erupt if no indictment is returned isn’t very subtle.
Conditions calmed this week in Ferguson after nights of sometimes violent unrest stemming from the fatal shooting of a black 18-year-old by a white police officer. But a delicate and crucial question lingers: What happens if the grand jury now considering the case doesn’t return a charge against the officer?
The fear among some local residents and officials trying to maintain peace in Ferguson is that failure to charge the officer could stoke new anger among a community profoundly mistrustful of the legal system. Many say they just hope the grand jury’s decision, whatever it is, has irrefutable facts to back it up.
U.S. Sen. Claire McCaskill told The Associated Press she’s pushing for federal and local investigations to be completed around the same time so that all evidence in the case can be made public — a step many consider important should prosecutors decide not to charge the officer. Her office said Friday that the Department of Justice hasn’t given a timeline for the federal investigation, which centers on whether a civil rights violation occurred when officer Darren Wilson fatally shot the unarmed Michael Brown on Aug. 9.
McCaskill, a former prosecutor in Missouri, said she’s hopeful the physical evidence in the case — including blood spatter patterns, clothing and shell casings — will provide “incontrovertible facts” about what happened during the shooting. She said whatever local prosecutors decide, it will be important to explain the decision by providing that physical evidence, and that won’t be possible if the federal investigation is ongoing.
McCaskill said she urged Attorney General Eric Holder during a meeting earlier this week to speed up what is typically a lengthier federal process.
“What we want to avoid is a decision being made without all the information being available to the public also,” McCaskill said, adding that not being able to do so could “create more stress and certainly much more fear that we would be back to worrying about people being able to protest safely.”
It is not likely that the facts will be “incontrovertible.” They rarely are. It is reasonable to assume that some of the evidence will be ambiguous. Some of it may even be contradictory. Judging by the wild disparity in eye witness reports we’ve seen already, it is doubtful that a clear picture of guilt or innocence will be forthcoming.
And what’s the point of conducting a “secret” grand jury proceeding if you’re going to make their deliberations public? It’s another layer of intimidation that is being brought to bear on the grand jurors to do what the mob wants and indict Officer Wilson.
Residents of Ferguson made it clear what the grand jury must do:
“This officer has to be indicted. I’d hate to see what happens if he isn’t. The rioting, the looting, man …,” said resident Larry Loveless, 29, as he stopped at the memorial for Brown where he was killed.
The racial make up of the grand jury is another potential flash point. There are only 3 blacks on the 12-person panel, allowing a decision not to prosecute Wilson to play directly into the racialist’s hands.
The streets of Ferguson may be calm, but the pressure being placed on the grand jury to give into the mob will be hard to resist.