Hundreds of thousands of signatures were turned over in Ferguson to remove P.A. Bob McCulloch from this case, however just as justice's wheels turn slowly..."power of the people" did not prevail in removing him as it seems that "great" document called the constitution doesn't apply in Ferguson, Missouri.
source: St. Louis Post
The grand jury considering whether Ferguson police Officer Darren Wilson should be criminally charged in the shooting death of unarmed teenager Michael Brown now has until Jan. 7 to decide.
The extension of the grand jurors’ term of duty does not
necessarily mean the job will take that long, officials said. But it
could.
There is significant apprehension, especially
along the West Florissant Avenue business strip hit by looting and
rioting after the killing of Brown on Aug. 9, that violence might return
if the grand jury does not send Wilson to trial for something. Some
activists have threatened as much.
A
St. Louis County grand jury usually sits for four months, a period that
for the current panel expired last week. State law provides for a term
of up to six months, which moves the date to November. On Wednesday,
Circuit Judge Carolyn Whittington issued an order adding 60 days more.
“She
extended it to the full amount allowed by law,” Court Administrator
Paul Fox said Monday. But he added that the grand jury will keep meeting
until Jan. 7 only if it needs to.
The panel is hearing evidence in the Michael Brown case exclusively, and can meet whenever it needs to, Fox said.
The grand jury is 12 people selected from the standard jury
pool to meet in secret, usually weekly, to hear evidence and decide
whether criminal charges are warranted. It takes nine votes to issue an
indictment, which sends a defendant to a public trial.
St.
Louis County Prosecuting Attorney Robert P. McCulloch can bypass a
grand jury and take a case to trial by filing a complaint that goes
first to a preliminary hearing, a public proceeding in which a judge
decides if there should be a trial. Often, his office files a charge
first and then obtains an indictment to replace it, avoiding the
preliminary hearing.
McCulloch chose to take the full
investigation of Wilson’s use of deadly force to the grand jury. He
announced weeks ago that he would present all the evidence gathered,
leaving to grand jurors the decision of what to do.
His
spokesman, Ed Magee, said Monday it is a somewhat unusual circumstance
in that the office is not asking the grand jury to endorse a charge
already filed. He said prosecutors will help the grand jury navigate
legal issues and draw its own conclusion about what to do with Wilson.
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