Brown Case: Judge Asked To Appoint Prosecutor, New Grand Jury
Under Missouri law, MO Rev Stat § 56.110, the presiding judge of the Circuit Court is empowered to “appoint some other attorney to prosecute” if the prosecuting attorney ‘be interested,’ (i.e. has a conflict of interest). The knowing false testimony of witnesses by itself should result in a special prosecutor and a new grand jury, but that was one of many abuses of the grand jury investigating the death of Michael Brown.
Sherrilyn Ifill and the NAACP Legal Defense Fund has written to Judge McShane raising issues that undermine the credibility of this grand jury. In her letter (below) she urges the judge to convene a new grand jury and appoint a special prosecutor. In the 9 page letter she describes a series of abuses by McCulloch and the assistant prosecutors that “call into question both the integrity of the process and the lawfulness of the prosecutors’ conduct.” All of this, Isil concludes, demonstrates a failed grand jury and raises ethical questions about the behaviors of the prosecutors. She reminds Judge McShane that she has the authority to appoint a special prosecutor and convene a new grand jury. She asks the court to take action to “vindicate the public’s faith in the criminal justice system.”
