Shocker: McCulloch Instructed Grand Jury On Law That Was Unconstitutional
Karoli at Crooks and Liars details the misinformation given to the Ferguson grand jury.
Early on in the proceedings, Assistant District Attorney Alizadeh handed out copies of a law that was ruled unconstitutional in 1985. In essence it set the bar for use of excessive force lower than is permissible. Simply put, ADA Alizadeh told the jury that it was permissible to shoot a fleeing suspect.
However, this statute was declared unconstitutional in Tennessee v. Garner. It was only at the end of the proceedings that Alizadeh passed out a “correction”:
For the entire proceeding, jurors weighed the evidence in light of a law that was deemed unconstitutional almost 30 years ago. Then they corrected the record at the very end, but by then it was too late.
To me, this invalidates the entire decision. While I believe jurors acted in good faith, the prosecutor did not, and intentionally confused jurors as to the applicable law. Correcting it at the end is not adequate or acceptable.[su_csky_ad]