St. Louis County Prosecutor Bob McCulloch has given his first interview since the grand jury refused to indict killer police officer Darren Wilson for the slaying of unarmed teen Michael Brown. And what he’s saying is unbelievable. In a radio interview, he told?KTRS that he knowingly allowed witnesses?who were lying to testify to the grand jury.
Yes, you really did read that correctly.
Here is the interview:
KTRS: Why did you allow people to testify in front of the grand jury in which you knew their information was either flat-out wrong, or flat-out lying, or just weren’t telling the truth?
McCulloch: Well, early on, I decided that anyone who claimed to have witnessed anything was going to be presented to the grand jury.
And I knew that no matter how I handled it, there would be criticism of it. So if I didn’t put those witnesses on, then we’d be discussing now why I didn’t put those witnesses on. Even though their statements were not accurate.
So my determination was to put everybody on and let the grand jurors assess their credibility, which they did. This grand jury poured their hearts and souls into this. It was a very emotional few months for them. It took a lot of them.
I wanted to put everything on there.
I thought it was much more important to present everything and everybody, and some that, yes, clearly were not telling the truth. No question about it.
He also admitted later in the interview that he will not charge with perjury any of the witnesses who??absolutely lied under oath.”
Really? Really?????
KTRS: Is there anybody you’re thinking about charging with perjury? For going in front of the grand jury, calling you up, giving you false information?
McCulloch: That issue has been raised, and it’s a legitimate issue. But, in the situation again, in the manner in which we did it, we’re not going to file perjury charges against anyone.
There were people who came in and, yes, absolutely lied under oath. Some lied to the FBI. Even though they’re not under oath, that’s another potential offense ? a federal offense.
I thought it was much more important to present the entire picture?
There’s talk of one witness now, and some of the media is doing exactly what I said they would do, they pull out one witness and just latch on to that, and this lady clearly wasn’t present when this occurred. She recounted a statement that was right out of the newspaper about Wilson’s actions, and right down the line with Wilson’s actions. Even though I’m sure she was nowhere near the place.
McCulloch’s description of the witness who??clearly wasn’t present? is likely??Witness 40,? Sandra McElroy, pictured below.
The Smoking Gun?first reported that McElroy lied to the grand jury. She told them that she witnessed the killing of Michael Brown while smoking a cigarette outside on the sidewalk. She claimed he never put his hands up. Her story matched Darren Wilson’s account, which had?already been reported?when’she spoke to investigators four weeks after the incident.
McCulloch’s acknowledgment that he knew some of the witness accounts were untrue raises ethical questions about his office’s presentation to the grand jury.
From BuzzFeed:
According to Missouri Rules of Professional Conduct, RULE 4-3.3, ?A lawyer shall not knowingly offer evidence that the lawyer knows to be false.?
The law also says that a lawyer ?may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.?
Steven Lubet, a law professor at Northwestern University, told BuzzFeed News:
?A lawyer should not present testimony that he believes to be false. That is especially true in a proceeding that lacks all of the usual safeguards, such as opposing counsel and a judge.?
And about that whole perjury thing? Columbia Law Professor Jeffrey Fagan told BuzzFeed News?this:
?If a witness perjures herself, the prosecutor does have the discretion, and perhaps a legal obligation, to prosecute for perjury.?
How can this be? Any of it? It’s insanity. Listen below.
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Tiffany Willis is a fifth-generation Texan and the founder and editor-in-chief of Liberal America. An unapologetic member of the Christian Left, she has spent most of her career actively working with ?the least of these? and disadvantaged and oppressed populations. She’s passionate about their struggles. To stay on top of topics she discusses,?like her?Facebook page,?follow her on Twitter, or?connect with her via LinkedIn. She also has?a?grossly neglected personal blog?and a?literary quotes blog that is a labor of love. Find her somewhere and join the discussion.
