On My Discomfort After the Ferguson Grand Jury Decision
Often times in the defense closing argument of a trial, I hear my opponent ask a jury, when defining reasonable doubt: "is this the kind of information (coming from the State's witnesses) you would rely on in your most important affairs?"
Today I read a commentary in the Washington Post titled: “Inconsistency is the Only Constant in the Ferguson Case.” That commentary comes closest to how I feel about the decision by the Ferguson Grand Jury not to indict Officer Wilson. As a prosecutor who has worked closely with some young, inexperienced cops, as well as eyewitnesses who change their stories, this case has caused me much personal discomfort.
I agree the standard for indicting a police officer is not the same as for the average citizen, because police are authorized to use deadly force in certain situations. Just as the State bears the burden of proving a defendant did NOT act in self defense, the State would also have to prove beyond a reasonable doubt that Officer Wilson was NOT justified in his use of deadly force. As all of my defense attorney friends would agree, a tie should go to the defendant.
My admitted cursory review of the evidence presented reveals a very muddled picture. I have routinely declined to charge cases where the picture is muddled, knowing that I face an even steeper burden at trial and that in the end, muddled pictures generally lead to acquittals.
My discomfort in expressing my thoughts supporting the decision not to indict comes from the fear that I will be deemed a racist for thinking this way. Or that I am sympathizing with prosecutors who “manipulated” evidence to get the result they wanted. Yes there are bad prosecutors and there are bad cops. But by far, the majority of us are in public service because we believe in a concept of law and order. Admittedly, the primary influence on my perspective of this case is my shock at the notion of Michael Brown reaching into Officer Wilson’s squad car and fighting with him for his service weapon.
I also cannot fathom how burglarizing, vandalizing and assaulting one’s neighbors and their property in response to the Grand Jury decision can, in any possible way, be justified. The sad truth is that it further emphasizes the appearance of lawlessness in a community already suffering. I do not pretend to know the answer. I can only hope that cooler heads will prevail. And I can continue to do my job as best as I can without prejudice or bias toward anyone.
I have posted this here because, truth be told, I am afraid to post it on Facebook. The extreme outrage expressed by many of my close friends makes me very uneasy. I have reached out to one in hopes to have a discussion. Her lack of response worries me.