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Title: Transcripts show #DarrenWilson lied to the grand jury
Source: Frederick Leatherman Law Blog
URL Source: http://frederickleatherman.com/2014 ... ilson-lied-to-the-grand-jury/
Published: Nov 26, 2014
Author: Frederick Leatherman
Post Date: 2014-11-26 16:16:06 by nolu chan
Keywords: None
Views: 2724
Comments: 11

Transcripts show #DarrenWilson lied to the grand jury

Frederick Leatherman Law Blog
Tuesday, November 25, 2014

Good afternoon:

I caught Officer Darren Wilson in a major lie regarding whether he stopped the two boys in response to the radio call about the theft of a box of cigarillos from the Ferguson Market.

First we have a transcript of his grand jury testimony:

Question by Prosecutor Ms. Whirley

Q: Okay. Did you get any other calls between the time of the sick baby call and your interaction with Michael Brown and Dorian Johnson?

A: While on the sick case call, a call came out for a stealing in progress from the local market on West Florissant, that the suspects traveling toward QT. I didn’t hear the entire call, I was on my portable radio, which isn’t exactly the best. I did hear that a suspect was wearing a black shirt and that a box of Cigarillos was stolen.

Q: And this was your call or you just heard the call?

A: It was not my call. I heard the call.

Q: Some other officers were dispatched to that call.

A: I believe two others were.

Q: Was it a call you were going to go toalso?

A: No.

Q: So you weren’t really geared to handle that call?

A: No.

/snip/

A: As I approached them, I stopped a couple of feet in front of Johnson as they are walking toward me, I am going toward them. As Johnson came along my driver’s side mirror I said, “why don’t you guys walk on the sidewalk?” He kept walking, as he is walking, he said, “we are almost to our destination.”

Q: Do you think he used those words destination, we are almost to our destination?

A: Yes, ma’am. He said we are almost to our destination and he pointed this direction over my vehicle. So like in a northeasternly (sic) direction. As he did that, he kept walking and Brown was starting to come around the mirror and as he came around the mirror I said, “well, what’s wrong with the sidewalk?” Brown then replied, um it has vulgar language.

Q: You can say it, say it.

A: Brown then replied, “fuck what you have to say.” And when he said that, it drew my attention totally to Brown. It was very unusual and not expected response from a simple request. When I start looking at Brown, first thing I notice is in his right hand, his hand is full of Cigarillos. I looked in my mirror, I did a double check that Johnson was wearing a black shirt. These are the two from the stealing. And they kept walking, as I said, they never once stopped, never got on the sidewalk, they stayed in the middle of the road. So I got on my radio and Frank 21 is my call sign that day, I said Frank 21 I’m on Canfield with two, send me another car. I then placed my car in reverse and backed up and I backed up just past them and then angled my vehicle, the back of my vehicle to kind of cut them off, kind of to keep them somewhat contained.

[GJ, Vol. V pp. 202-209]

Second, now we have a transcript of his direct supervisor’s testimony. Sergeant LNU* responded to the scene within minutes after the shooting and was the first person to interview him.

Question by a Prosecutor Ms. Alizadeh

Q: Did he know about it? Did he talk about knowing about the stealing?

A: He did not know anything about the stealing call.

Q: He told you he did not know anything about the stealing?

A: He did not know anything. He was out on another call in the apartment complex adjacent to Canfield Green.

[GJ, Vol. V, pp. 52-53]

Question by a GJ member

Q: Now, my question to you is this. Are you saying that because he told you he didn’t know about it or are you saying that because he didn’t mention It to you when you were talking to him?

A: He did not mention it to me again. I learned about it at a later time.

Q: Has he ever told you, yeah, I didn’t know anything about what happened up at the Ferguson Market?

A: Yes, he told me that in subsequent conversations.

Q: He told you he didn’t know about there being a stealing at the Ferguson Market?

A: Correct

[GJ, Vol. V, p. 58]

The shooting happened on Saturday, August 9, 2014.

Wilson was not questioned by anyone else until after he conferred with his lawyer at the station house.

Both witnesses testified before the grand jury on September 16, 2014, which was 5 weeks after the shooting.

My question is, how can anyone believe Officer Darren Wilson regarding any material issue of fact when he lied about the reason he stopped the boys to portray them as criminal thieves?

*LNU means last name unknown

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#1. To: nolu chan (#0)

"My question is, how can anyone believe Officer Darren Wilson regarding any material issue of fact when he lied about the reason he stopped the boys to portray them as criminal thieves?"

Perhaps Sergeant LNU was mistaken. Or, as you say, lying.

misterwhite  posted on  2014-11-26   16:26:57 ET  Reply   Trace   Private Reply  


#2. To: misterwhite, nolu chan (#1)

Perhaps Sergeant LNU was mistaken. Or, as you say, lying.

No reason for the Sergeant to lie.

Perhaps Wilson embellished his story a bit since he was fearing for his life. If he knew he was in the right. He may have added a little bit to make it more "obvious" that he acted correctly.

A K A Stone  posted on  2014-11-26   17:27:34 ET  Reply   Trace   Private Reply  


#3. To: misterwhite (#1)

Perhaps Sergeant LNU was mistaken. Or, as you say, lying.

The article is by Frederick Leatherman, former law professor and former felony criminal defense attorney.

I did not say anything, contrary to your imagination.

nolu chan  posted on  2014-11-26   17:46:57 ET  Reply   Trace   Private Reply  


#4. To: nolu chan (#0)

"when he lied about the reason he stopped the boys to portray them as criminal thieves?"

He stopped the "boys" because they were walking in the street. They were walking in the street. Where's the lie?

"To portray them as criminal thieves"??? They WERE criminal thieves.

misterwhite  posted on  2014-11-27   10:58:03 ET  Reply   Trace   Private Reply  


#5. To: misterwhite (#4)

"To portray them as criminal thieves"??? They WERE criminal thieves.

The alleged lie is Wilson's apparently convenient memory that he had prior awareness of the incident regarding cigarillos.

In point of fact, it makes no difference to Wilson's defense whether Brown did, or did not, take some cigarillos. Wilson was not authorized to use deadly force based on Brown allegedly being a fleeing felon or cigar thief.

This apparently arose from an improper conclusion drawn from a reading of the Missouri statute in effect at the time of the shooting.

http://law.justia.com/codes/missouri/2013/title-xxxviii/chapter-563/section-563.046/

2013 Missouri Revised Statutes

TITLE XXXVIII CRIMES AND PUNISHMENT; PEACE OFFICERS AND PUBLIC DEFENDERS

Chapter 563 Defense of Justification

Section 563.046 Law enforcement officer's use of force in making an arrest.

Universal Citation: MO Rev Stat § 563.046 (2013)

Law enforcement officer's use of force in making an arrest.

63.046. 1. A law enforcement officer need not retreat or desist from efforts to effect the arrest, or from efforts to prevent the escape from custody, of a person he reasonably believes to have committed an offense because of resistance or threatened resistance of the arrestee. In addition to the use of physical force authorized under other sections of this chapter, he is, subject to the provisions of subsections 2 and 3, justified in the use of such physical force as he reasonably believes is immediately necessary to effect the arrest or to prevent the escape from custody.

2. The use of any physical force in making an arrest is not justified under this section unless the arrest is lawful or the law enforcement officer reasonably believes the arrest is lawful.

3. A law enforcement officer in effecting an arrest or in preventing an escape from custody is justified in using deadly force only

(1) When such is authorized under other sections of this chapter; or

(2) When he reasonably believes that such use of deadly force is immediately necessary to effect the arrest and also reasonably believes that the person to be arrested

(a) Has committed or attempted to commit a felony; or

(b) Is attempting to escape by use of a deadly weapon; or

(c) May otherwise endanger life or inflict serious physical injury unless arrested without delay.

4. The defendant shall have the burden of injecting the issue of justification under this section.

(L. 1977 S.B. 60)

Effective 1-1-79

nolu chan  posted on  2014-12-02   17:02:50 ET  Reply   Trace   Private Reply  


#6. To: nolu chan (#5)

"The alleged lie is Wilson's apparently convenient memory that he had prior awareness of the incident regarding cigarillos."

Officer Wilson heard bits and pieces over his radio about a robbery at a store outside his patrol area. Other units responded to that call.

He didn't know it was these two teens who robbed the store. He initially interacted with them only because they were walking in the middle of the street.

It was only after the initial encounter that he felt they were suspects in that robbery.

misterwhite  posted on  2014-12-03   10:46:07 ET  Reply   Trace   Private Reply  


#7. To: misterwhite (#6)

Officer Wilson heard bits and pieces over his radio about a robbery at a store outside his patrol area.

A. What difference did that make to Wilson's defense? Are you seriously claiming that if Brown was known to be a fleeing felon, that would authorize the use of deadly force?

B. How do you know what Wilson did, or did not, hear? Are you clairvoyant?

C. What did Wilson know and when did he know it? When did he recall knowing it? Did his memory "improve" with time in order to "know" it?

nolu chan  posted on  2014-12-03   16:14:57 ET  Reply   Trace   Private Reply  


#8. To: nolu chan (#7)

A. What difference did that make to Wilson's defense? Are you seriously claiming that if Brown was known to be a fleeing felon, that would authorize the use of deadly force?

It made no difference whatsoever to his defense. Who said it did?

"B. How do you know what Wilson did, or did not, hear? Are you clairvoyant?

You're the one who called him a liar. How do YOU know?

misterwhite  posted on  2014-12-03   16:53:53 ET  Reply   Trace   Private Reply  


#9. To: misterwhite (#8)

You're the one who called him a liar.

Please source and provide your imaginary quote.

You are entitled to your opinions, but not to your own made up non-facts.

nolu chan  posted on  2014-12-03   18:36:03 ET  Reply   Trace   Private Reply  


#10. To: misterwhite (#6)

Officer Wilson heard bits and pieces over his radio about a robbery at a store outside his patrol area.

Transcript Vol 5 at 57-58

Q (By Ms. Alizadeh) ... I also want to clarify something else and I'm sorry to interrupt, but it is along the same lines. You testified that when Sheila asked you some questions, Miss Whirley, that Officer Wilson did not know about the stealing that was going on or had just occurred at the Ferguson Market.

http://frederickleatherman.com/2014/11/25/transcripts-show-wilson-lied-to-the-grand-jury/

Attorney Leatherman identified the title and supervisory relationship of the witness and provided the continuation at 58:

Second, now we have a transcript of his direct supervisor’s testimony. Sergeant LNU* responded to the scene within minutes after the shooting and was the first person to interview him.

Q: Did he know about it? Did he talk about knowing about the stealing?
A: He did not know anything about the stealing call.
Q: He told you he did not know anything about the stealing?
A: He did not know anything. He was out on another call in the apartment complex adjacent to Canfield Green.
[GJ, Vol. V, pp. 52-53]

Question by a GJ member

Q: Now, my question to you is this. Are you saying that because he told you he didn’t know about it or are you saying that because he didn’t mention It to you when you were talking to him?
A: He did not mention it to me again. I learned about it at a later time.
Q: Has he ever told you, yeah, I didn’t know anything about what happened up at the Ferguson Market?
A: Yes, he told me that in subsequent conversations.
Q: He told you he didn’t know about there being a stealing at the Ferguson Market?
A: Correct

[GJ, Vol. V, p. 58]

Do you believe Darren Wilson's memory was improved a month later at the Grand Jury?

nolu chan  posted on  2014-12-03   19:02:26 ET  Reply   Trace   Private Reply  


#11. To: misterwhite (#10)

1 This robbery does not relate to the
2 initial contact between the officer and Mike Brown.
3 Having said that, I will take a few questions.

Grand Jury Transcript, Volume 21, Page 173, November 13, 2014

16 CHIEF _____ I can only go up to a
17 certain point and then it is unreleased information
18 in the investigation. And that certain point is the
19 initial contact between the officer and Mr. Brown
20 was not related to the robbery.

Grand Jury Transcript, Volume 21, Page 173, November 13, 2014

7 QUESTION: Can you talk about (inaudible)
8 The officer involved in the shooting was he aware of
9 the robbery call?

10 CHIEF I don't know. I don't
11 know what came out in his interview. I know his
12 initial contact was not related to the robbery, it 13 was related to blocking the road.

14 QUESTION: So you're telling us that when
15 the officer stopped Michael Brown the first time, he
16 was not aware that Brown was a suspect in a robbery?

17 CHIEF No, he was just coming off
18 of a sick case, which is why the ambulance was there
19 so quickly, but yeah, okay.

20 QUESTION: You're saying, what are you 21 saying, Chief, did he know that he was aspect in the 22 a case or did he not know?

23 CHIEF No, he didn't. He was --
24 had nothing to do with the stop.

Grand Jury Transcript, Volume 21, Page 176, November 13, 2014

nolu chan  posted on  2014-12-03   19:07:15 ET  Reply   Trace   Private Reply  


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