printI’ve described him as “a usually reserved, dignified, civil-rights attorney.” Writing in The Daily Beast, Paul Callan expatiates on those “ill-informed ‘experts'” who’re misleading the public on the grand jury proceedings in the shooting death of 18-year-old Michael Brown by Officer Darren Wilson. “There’s No Conspiracy in Ferguson’s Secret Jury”:
… If the evidence provides reasonable cause to believe a crime was committed, the grand jurors’ oath requires a vote to indict.
On the other hand, if Officer Wilson is found to have acted lawfully in his use of deadly force, then he deserves a dismissal and the right to salvage whatever scraps of a normal life will be left for him when the case is over. Only the facts of this case are relevant. The grand jury is not charged with resolving the issue of police brutality or even sending a message about it.
The law authorizes police officers to use deadly physical force in a wider variety of situations than permitted for ordinary citizens. It can be used not only in self-defense but also in certain cases to subdue a fleeing felon who poses a danger to the officer or the public. A police officer has no duty to retreat and can stand his ground even though an encounter with a potentially dangerous suspect might be avoided by backing off and waiting for help. The prosecutor will provide instructions on these and other important legal principles before the grand jury votes to indict or return “No True Bill,” precluding a trial.
Though the grand jury is an imperfect forum for resolving social issues, it works very well in finding truth. …
… The grand jury inquiry affords opportunity to test accuracy of witness accounts. If the witness did in fact witness such a terrible crime, the testimony will survive in the crucible of cross-examination. If true, it will have a discernable consistency with the forensic evidence. Was the witness really in the time and place to have made the claimed observations? Was the suspect raising his hands in a surrender gesture or could the arm placement have been viewed from a different angle as an aggressive “tackle” gesture? How close was Michael Brown to Officer Wilson when he turned in Wilson’s direction? How much time did the officer have to react? Do the varied autopsy reports support or contradict witness testimony? Did Michael Brown have a motive to violently attack the officer?