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Tuesday, November 25, 2014

Prosecutor McCullloch decision read late at night

CNN is asking the salient question. Why did Prosecutor McCulloch wait until nearly 10 PM to read the Ferguson Grand Jury's ruling about not finding probable cause to prosecute Officer Wilson, who killed Michael Brown?  He read aloud a 20 minute narrative of the Grand Jury's case. In order to make the case for the Grand Jury's decision, the prosecutor went out of his way to hamper any further prosecutions. This weird county prosecutor obviously doesn't want any further investigation into his own conclusion about the Michael Brown investigation. 

Prosecutor Robert McCulloch should be fired.  He even said some of the witnesses who presented to the Grand Jury didn't tell the truth, but he refused to say they had committed perjury.

But why did the prosecutor Bob McCulloch decide to present his daunting analysis of the Brown and Officer Wilson investigation at night, just in time to catch late night TV audiences? Obviously, the timing of this decision led to fueling intense street violence.

Missouri Gov. Jay Nixon was asked by reporters about the nighttime announcement. Nixon said the decision was made solely by St. Louis County Prosecuting Attorney Robert McCulloch.

"We coordinated with law enforcement, gave schools time to get their children home and in a safe place, gave businesses time to make a decision on their employees' safety, gave media time to set up, prepared our statement and made the announcement," Edward Magee, executive assistant to McCulloch, said in a statement.

CNN senior legal analyst Jeffrey Toobin said McCulloch's decision was "foolish and dangerous."

"I find this a completely bizarre decision to do this at night," Toobin said.

"Here's the thing about that time of night: it's dark. Anyone -- anyone! -- should have known that the decision in the Brown case would have been controversial. Crowd control is always more difficult in the dark."

CNN legal analyst Paul Callan noted the announcement was supposed to be made at 8 p.m. ET but was rescheduled for 9 ET.

"Why would you be moving it another hour? I think the only reason can be that they don't have their security forces in place," he said.

Initially, prosecutors were expected to give law enforcement 48 hours' notice from when the grand jury made its decision to when the announcement was made. But that clearly didn't happen Monday, since the decision and the announcement came on the same day.

Unfortunately, McCulloch assured that his Grand Jury ruling would nearly eliminate any possibility of further legal action in regard to prosecuting Officer Wilson for killing the victim Michael Brown in August 2014.  Nevertheless, nothing prevents the prosecutor McCulloch from being fired for his arrogance and, in my opinion, wrongly influencing the Grand Jury's ability to analyze the evidence presented in the Michael Brown investigation. 

Of course, only the Ferguson Missouri Grand Jury can speak about the evidence they received and acted on. We certainly can't second guess their ruling to recommend no prosecution of Officer Wilson for killing Michael Brown. 

Nevertheless, we can observe the inappropriate decisions of Prosecutor McCulloch, who, while speaking on television, appeared to be proud of his self proclaimed authority. 

He should be fired.

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