Mike Kueber's Blog

November 28, 2014

Only in America

Filed under: Culture,Law/justice — Mike Kueber @ 2:27 pm
Tags: , , , ,

According to the Washington Post’s columnist Dana Milbank, St. Louis prosecutor Bob McCulloch’s prosecution of Officer Darren Wilson was pathetic:

  • “[McCulloch] almost certainly could have secured an indictment on a lesser charge simply by requesting it, yet he acted as if he were a spectator, saying that jurors decided not to return a ‘true bill’ on each possible charge — as if this were a typical outcome. As has been repeated often in recent weeks, a grand jury will indict a proverbial ham sandwich if a prosecutor asks it to.”

Apparently, Milbank is under the mistaken belief that a prosecutor is supposed to pursue prosecutions instead of justice, and he fails to recognize that a prosecutor shouldn’t indict a person simply because he can.

One of Milbank’s grievances against McCulloch was that he emphasized the inconsistent testimony of many witness, “But he was less troubled by inconsistencies that worked against Wilson. McCulloch implied Monday night that Wilson stopped his car to confront Brown because he recognized him as a robbery suspect. But Ferguson police chief Tom Jackson had said publicly that the robbery ‘had nothing to do with the stop.’”

This is not an inconsistency that worked against Officer Wilson, but rather one imagined by Milbank. If Milbank had bothered to read the transcript of Wilson’s testimony (page 209), he would have seen the following:

  • When I start looking at Brown, first thing I notice is I his right hand, his hand is full of Cigarillos. And that’s when it clicked for me because I now saw the Cigarillos, I looked in my mirror, I did a double-check that Johnson was wearing a black shirt, these are the two from the stealing.”

Thus, although Wilson didn’t immediately connect Brown to the robbery, he did make the connection within seconds after first telling Wilson to get out of the middle of the road, which renders Milbank’s argument a distinction without a difference.

This piece of information also serves to reveal the utter ridiculousness of the idea circulating in amongst liberal commentators that Officer Wilson should have waited for reinforcements before pursuing Michael Brown. Since when does America want its cops who are struck by a suspected robber to all the suspect to walk off while the cop waits for reinforcements?

As we say in the legal arena, is it reasonably foreseeable that the suspected robber we suddenly turn and charge you, that you will have to kill him, and that his neighbors will be so upset with your self-defense killing that they will riot and burn down their town?

Only in America.

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