November 26, 2014 3:00 pm -

[su_right_ad]In the aftermath of the grand jury decision not to indict Ferguson Police Officer Darren Wilson in the killing of Michael Brown, many legal analysts and commentators have pointed out just how badly the grand jury was stacked in Wilson’s favor. Rather than attempt to establish probable cause to indict and try Wilson, the prosecutor conducted what amounts to a secret trial, only worse.

Rev. Al Sharpton made devastating points to this effect at a press conference on Tuesday, but this is self-evident to anyone who watched St. Louis County Prosecutor Bob McCulloch’s press conference announcing the grand jury decision, at which he made a lengthy argument, not against probable cause, but in favor of reasonable doubt. Every point of conflict that McCulloch raised is one that should have been addressed at trial, not by a grand jury. In using the grand jury as an instrument of exoneration for Wilson, McCulloch was able to introduce mountains of evidence that never would have been admitted at trial, and without any adversary to challenge any of it. The following observations, then, are not offered as proof of Wilson’s guilt or innocence, but as further proof of McCulloch’s utter prosecutorial malpractice.

At that press conference Monday night, McCulloch  made a point of repeatedly impeaching witnesses who contradicted Darren Wilson’s testimony, while failing to challenge the one and only witness who corroborated Wilson’s assertion that Michael Brown “charged” at him. At one point, he specifically referenced conflicting witness accounts about Michael Brown’s hands:

“Like other aspects of this case, the varying descriptions were provided by the same witnesses, in subsequent statements or testimony.”

To be clear, conflicts in witness testimony are normal, and should be resolved at trial, so even if McCulloch is being 100% honest here, that doesn’t mean there shouldn’t be a charge. As it turns out, though, one of the “witnesses” to conflict on this topic was Darren Wilson. In an interview with a St. Louis County detective, Wilson said, according to grand jury testimony, that “Michael Brown never had his hands up.”

In an exclusive interview with ABC News’ George Stephanopoulos hours after the grand jury decision, Wilson reiterated that assertion quite emphatically…READ MORE [su_csky_ad]

D.B. Hirsch
D.B. Hirsch is a political activist, news junkie, and retired ad copy writer and spin doctor. He lives in Brooklyn, New York.

48 responses to Grand Jury Docs: Darren Wilson Told His Sergeant That Mike Brown’s ‘Hands Were Up’

  1. Suzanne McFly November 26th, 2014 at 3:08 pm

    I can’t read anymore, Banter wants my money and so do I. However, from what I understand, the one witness the “prosecuting attorney” (aka Wilson’s defense atty.) is using was at a 100 yard distance and changed his story multiple times, but somehow he is credible.

    • tiredoftea November 26th, 2014 at 3:19 pm

      Of course he is, silly! He’s the cop and he can’t possibly be wrong. And the DA manipulated that to be true, case closed.

  2. tiredoftea November 26th, 2014 at 3:24 pm

    Darren Wilson, the right’s new great white hope can’t even remember his script for an interview worthy of the hard hitting Larry King! No wonder it took McCulloch almost four months to prep him for his grand jury performance.

    • FrankenPC . November 26th, 2014 at 3:38 pm

      Can you imagine all the if-then language preparation they had to do in Wilson’s mind to prep him for the public?
      The beauty of morality and ethics is you don’t need to be programmed.

    • Carla Akins November 26th, 2014 at 4:31 pm

      Well, the Zimmerman thing didn’t workout so well for them, so…

      • tiredoftea November 26th, 2014 at 4:54 pm

        Well, Darren’s shinier and newer! White hope springs eternal, after all.

    • Tommy6860 November 26th, 2014 at 6:11 pm

      Considering that failing, Wilson couldn’t get a 2 second nonspeaking bit-part in a commercial, considering the time it took to sort out those lies.

      • mcalleyboy November 27th, 2014 at 3:07 am

        It’s America and he’s a free man, as a cop he’ll be working for a state they’ll have to show good reason why they wouldn’t hire him, they have none. Officer is a big man also he stands 6 feet 4″, that’s the kind of police officer their looking for.

  3. tiredoftea November 26th, 2014 at 3:24 pm

    Darren Wilson, the right’s new great white hope can’t even remember his script for an interview worthy of the hard hitting Larry King! No wonder it took McCulloch almost four months to prep him for his grand jury performance.

  4. tracey marie November 26th, 2014 at 4:37 pm

    so they intentionally allowed a liar, killer and racist free…how sad

    • whatthe46 November 26th, 2014 at 4:55 pm

      sounds about right. i’m gonna be… well, no, i am sick. already was, but this just makes it more real.

      • tracey marie November 26th, 2014 at 4:56 pm

        I would not comment on the verdict yesterday, I knew it would be “whitewashed” and this already fired once racist would be set free. He should have been indicted

        • whatthe46 November 26th, 2014 at 5:05 pm

          i would ask how on earth. but, that would be stupid. my heart is aching every moment i read anything about this. i can’t begin to imagine the heartache the parents are going through. i lost my son to cancer 6 months after being diagnosed and its been nearly 6 years and i’m still in pain, and for them to lose their child over the color of his skin, burns a hole in my soul, especially when those like the D.A. who is suppose to do justice for the ones that can no longer speak for themselves, when its so painfully clear, his life ended for no reason, is beyond painful. and this family gets (at this time) no justice, no one to be held accountability, is outright WRONG! and i must breathe now, because i may start ranting and therefore, make no sense.

          • tracey marie November 26th, 2014 at 5:09 pm

            rant away! I am truly sorry for your terrible loss, heartbreaking

          • whatthe46 November 27th, 2014 at 5:11 pm


          • tiredoftea November 26th, 2014 at 6:19 pm

            Hey, man, sorry to read about your tragedy. I cannot imagine what that is like.

        • FlemingBusinessOwner November 26th, 2014 at 7:04 pm

          What was he fired for, when, and where did you get that info? Would like to share a link on it.

          • Obewon November 26th, 2014 at 7:19 pm

            Darren Wilson’s previous Klan infested Police department was disbanded with all Officers fired for being in a PD overrun by KKK.

          • mcalleyboy November 27th, 2014 at 3:01 am

            I read the article, did you? There’s no mention of the KKK, only tensions between the white police officers and mainly black citizens, so yes they needed some black officers, there’s no mention of KKK. Dang I think if your part of the hanging party I’d be hung by now, you accept anything posted as fact.

          • tracey marie November 26th, 2014 at 7:19 pm

            jenning police dept, the entire force was fired for corruption, racism and violence.

          • R.J. Carter November 28th, 2014 at 11:24 am

            Thing about Jennings that people not in the area may not know is that it borders Ferguson to the east. In fact, you can nearly spit out the window of the Canfield Green apartments and it land in Jennings. Police formerly from Jennings would naturally go to Ferguson because it was the closest choice.

          • tracey marie November 28th, 2014 at 11:34 am

            and the most accepting of their racism. I thought it was 35 miles away.

          • R.J. Carter November 28th, 2014 at 11:38 am

            Decimal point. 3-POINT-5 miles away — from village center to village center.


          • tracey marie November 28th, 2014 at 11:42 am

            I must be going blind

          • R.J. Carter November 28th, 2014 at 11:48 am

            Google uses micro-fonts. 🙂

          • tracey marie November 28th, 2014 at 11:48 am

            I am just blind

          • Carla Akins November 26th, 2014 at 7:30 pm

            Google is your friend.

          • mea_mark November 26th, 2014 at 7:32 pm

            But that requires using your brain. Well, not much, but for some that is a challenge.

          • mcalleyboy November 27th, 2014 at 2:57 am

            I thought it was made clear that Officer Wilson had no prior history of troubles with the police force, the article above only makes it clear that entire police force that officer Wilson worked for was fired, due to racial tensions, what I’m saying is where’s the record of the officers wrong doing’s, it was a broad brush firing that wiped out everyone.

          • Carla Akins November 27th, 2014 at 7:27 am

            The point was his only previous experience was in a department so rife with racism and corruption that it was completely disbanded. The fact that he was not personally documented for improper behavior from this department means little. He also did nothing to report or stop it. When he left Jennings – he chose Ferguson, another department with a long well-documented history of the same corrupt behavior.
            Although I feel Wilson ultimately bears the responsibility of Brown’s death – the systemic failure of the departments and city administrators he worked under are just as complicit. He doesn’t think he did anything wrong because it’s all he’s known. The urge for self-preservation is strong and it’s no surprise his recall would be suspect – it’s actually to be expected as part of human nature. It’s exactly why there are procedures in place to investigate the incident. However, none of the officials followed protocol obscuring the truth probably forever.

  5. FlemingBusinessOwner November 26th, 2014 at 7:03 pm

    The headline is not backed up by the article’s “facts” at all. Nowhere in the article or in the video does it quote or reference the report given to the sergeant by Wilson. I’m not defending him. I’m just pointing out that the headline is unsupported. Too many “false facts” going around on both sides of this.

    • Obewon November 26th, 2014 at 7:06 pm

      “Hands up”-Facts are linked! You’re either Lying, stupid, or a lying Racist Piece of crap.

      • mea_mark November 26th, 2014 at 7:28 pm

        Probably just intellectually lazy.

      • mcalleyboy November 27th, 2014 at 2:39 am

        What? Several of the eye witnesses admitted they were liars. Your warned in the Carry Concealed course that eye witness’s are highly unreliable and they’ll bring attention to themselves (5 min of fame) only to look stupid later like that black women that couldn’t answer the reporters questions on where Michael’s hand were, she ended up saying it didn’t matter because his hands looked free of weapons, this is what a prosecution attorney deals with.

        • Obewon November 27th, 2014 at 5:13 am

          Now you’re hypocritically calling Wilson and his Sargeants linked evidence and documents “liars.” Shooting an unarmed teenage jay Walker proves what an unrepentant puss*y Klansman Wilson truly is. The Pope indicated these KKK scumbags are psychotic delusional’s who aren’t true Christians.

  6. Foundryman November 26th, 2014 at 7:09 pm

    It’s funny how evidence and stories can change once you get coached by a lawyer isn’t it?…

    • allison1050 November 26th, 2014 at 7:15 pm

      Guess this is why some of Wilson’s court cases were dismissed since he had classes to attend.

  7. StoneyCurtisll November 26th, 2014 at 7:23 pm

    Even if there had been An indictment, I’m sure the trial would have been something like this..(a mockery of a travestry of a sham of a mockery.”….

  8. fancypants November 26th, 2014 at 11:36 pm

    after looking at the video links above ofc Wilson healed up very well for being punched several times in the face by a hulk Hogan fighting cop killer.
    Maybe George was too caught up in the moment to ask ofc Wilson for any facial photographs after his vicious beating.

    • Roctuna November 27th, 2014 at 4:42 pm

      Prior to the Brown killing, Wilson was praised and received an award for his actions in a similar case. What did he do? He reached out his vehicle window and dragged a suspect head-first into the car, constraining him within the window frame until back-up arrived. You’ll never convince me that he wasn’t trying the same technique with Brown. Michael Brown certainly did struggle to free himself from that restraint as corraborated by his friends testimony and even Wilson himself.
      As horrible as all this is, it truly disgusts and saddens me that in this day and age, how deeply this prejudice and “kill first, ask questions later” attitude is ingrained in the Ferguson and US law enforcement system. I’m not black, or even brown, but I’m certainly off-white enough to fear for my life in any contact with law enforcement.

      • fancypants November 28th, 2014 at 7:37 pm

        I hear ya
        what’s more troubling is ofc wilsons statement is very similar to George Zimmerman’s statement the night he shot trevon martin… I mean its almost Exactly the same ! There is no doubt ofc Wilson took notes when zimmy was on trial and its seems to be working again ????
        I agree its not looking good for the avg joe on the street

  9. mcalleyboy November 27th, 2014 at 2:35 am

    Both sides had their day in court it’s called Democracy, what’s missing in our story is that many of witness’s admitted they were liars.

    • Obewon November 27th, 2014 at 5:03 am

      The DOJ hasn’t completed both of their ongoing investigations. A “Grand Jury investigation” isn’t “a day in court” Trial.

    • StoneyCurtisll November 27th, 2014 at 1:39 pm

      Hey dummy…
      No one has had their day in ‘court’…

      • R.J. Carter November 28th, 2014 at 11:17 am

        Another witness had told the FBI that Wilson shot Brown in the back and then “stood over him and finished him off.” But in his grand jury testimony, this witness acknowledged that he had not seen that part of the shooting, and that what he told the FBI was “based on me being where I’m from, and that can be the only assumption that I have.”

        The witness, who lives in the predominantly black neighborhood where Brown was killed, also acknowledged that he changed his story to fit details of the autopsy that he had learned about on TV.

        “So it was after you learned that the things you said you saw couldn’t have happened that way, then you changed your story about what you seen?” a prosecutor asserted.

        “Yeah, to coincide with what really happened,” the witness replied.

        –source: Belleville News Democrat

    • Roctuna November 27th, 2014 at 4:47 pm

      McCulloch was acting as a defense attorney not a prosecutor. You really should do some research and learn what a grand jury is supposed to do before you post such ridiculous comments.

    • searambler November 27th, 2014 at 9:17 pm

      With that “reasoning”, there would have been ONE Benghazi hearing and ONE effort to repeal the ACA. Right?

      Oh, and this wasn’t a “day in court.” This had nothing to do with “democracy.” Witness testimony isn’t an exact science, and witnesses often change their testimony.

      • mcalleyboy November 28th, 2014 at 5:29 am

        Right I agree it makes sense and I’d like to get to the truth also if there’s something missing. I don’t get the news much where I’m at so I’m little out in the volcano’s and palm tree’s but like the Rodney King beating, the officers were charged. Officer Wilson claims it was his duty to follow the suspect, this is where I’m in disagreement, I feel he should have locked up his car and then called for back up, it’s gonna come out a rage incident, there also should be two officers riding together.