The Brett Kimberlin Saga:
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Thursday, November 27, 2014
Wednesday, November 26, 2014
Tuesday, November 25, 2014
Monday, November 24, 2014
In his statement prosecutor McCulloch stressed how much witnesses were caught contradicting prior statements--or the physical evidence. I.e., lying.
McCulloch notes that there was no question Wilson shot Brown, but the issue was whether it was lawful self-defense. No mention of right to shoot to apprehend, which is something I mentioned in a previous post. (Please note that I will be updating parts of this live without making a separate notation. Basically I am live-blogging this. Live with it.)
Particularly striking is McCulloch mentioning that several witnesses claimed that Wilson shot Brown in the back, on the ground, which was utterly disproven by forensic evidence.
It is interesting that they don't seem to discuss the right of a cop to shoot to apprehend. And McColloch reasonably relies significantly on physical evidence because, well... it doesn't lie. And it sounds like a lot of people were lying to them. Terrible, if true.
McColloch promises to release some of the evidence later. He speaks extensively about finding blood in the car, suggesting that there was a struggle in car. Wound previously reported on Brown's thumb verified. Wilson also had some swelling on face. Claim that his eye socket was broken not verified.
McColloch has basically verified every single rumor heard about the autopsy I have heard. It sounds like Brown was charging Wilson when the final shooting. And he mentions the video chat that captured all of it. Says that the evidence and the testimony will be released after this decision.
McColloch can't tell us what the vote break down was by statute. And they asked if they might go after them for perjury--rules it out.
McColloch, in response to reporter notes that most of the testimony he referred to specifically was from black witnesses. It used to be a law in many Southern States that a black person cannot testify without a white person testifying first that this person can be trusted. In this case the rule seems to be reversed: Wilson is not innocent unless a black person can vouch for him. We are not yet at the point of colorblind justice, unfortunately.
Statement from the Brown family, according to a reasonably reliable source:
Statement from #MichaelBrown family regarding #DarrenWilson ruling pic.twitter.com/vpmJrJIFLO
— Seni Tienabeso (@SeniABC) November 25, 2014
Idiot reporter claims that the law does not value the lives of kids like Michael Brown. The law only ceased to value his life, to the extent it did, when he apparently attacked a cop.
McColloch says the federal investigation is ongoing. But I told you already that they don't seem likely according to rumors and this outcome suggests it is unlikely.
And the conference is over.
(Title change, original title placed after updates, all after the break)
Update (IX): Via Mediaite, we get significant anger from the media from what I saw as a pretty mild description of the realities of a high-profile case.
You can also see video from the announcement at the Mediaite link.
Also statement from the Wilson camp:
NEW: Statement from Darren Wilson's defense team #FergusonDecision pic.twitter.com/UbhxAqrdvM
— ABC News (@ABC) November 25, 2014
Some reports of possible shots fired. One store window broken with a trash can, other chaos. Not sure you call it a riot, yet, but it is close.
Confirmed: Some protesters are throwing D batteries at police officers in #Ferguson near the police department.
— St. Louis County PD (@stlcountypd) November 25, 2014
Obama just finished making a statement that didn't really have much to report on, there. It is interesting that he blamed the media, too.
Obama: "We are a nation built on the rule of law [except when I want to change anything]."
— Leslie (@LADowd) November 25, 2014
Seriously. Also this:
#Ferguson RT @gdthomp01: The juxtaposition is pretty surreal on this dual image during Obama's speech. pic.twitter.com/0Kzde1NBap
— Stacey-SisterToldjah (@sistertoldjah) November 25, 2014
And this, too:
Brown family atty: "Michael Brown's justice will have to come in a different form of justice. Our system offers different forms of justice."
— Leslie (@LADowd) November 25, 2014
As I told her, a civil suit seems like a losing proposition, now. As I have said before, the standard of proof to indict is very low. If you can't get that, you probably can't win a civil suit, although collateral estoppel will not apply. Of course the question is, who eats the legal fees? I suspect that no lawyer will offer a contingency fee. And I am not sure Brown's family can afford a suit. So unless it is taken on pro-bono, I don't think it is financially viable. One reader brought up 42 U.S.C. Sec. 1983, which deals with civil rights violations. They can get past a motion to dismiss on that if the complaint is competently written, but the winner get back attorneys' fees, which means if they lose, the Brown family might end up owing Wilson money.
I will add that it looks like it is officially a riot. Sigh. I hate being right, sometimes.
Finally, I am trying to track down the actual evidence released tonight. The prosecutor's site is down (hacking? high demand?). If you find it, tweet or email me asap.
Update (X): Found a transcript. Haven't looked at it, but it is embedded below the fold. If you find more, tell me. Update: It is too large to post to scribd. Sorry, if you came here for that. You can read it on the NYT website, here. And now, this site is uploading fully searchable versions. I will have my own version to look through, and if I find it interesting enough, I might write a post or twenty on it.
I might attempt to split it up and embed it.