Tag Archives: Grand Jury

Government Accountability, Police Accountability, Police State, Politics, US

Proposed Bill Would Make Police Chokeholds a Federal Crime

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The Excessive Use of Force Prevention Act, a bill sponsored by New York Rep. Hakeem Jeffries (D-Brooklyn), would make the use of chokeholds by officers on suspects a crime under federal law.

The bill, which defines a chokehold as “the application of any pressure to the throat or windpipe which may prevent or hinder breathing or reduce the intake of air,” will be introduced in Congress on Tuesday.

At a press conference on Monday, Jeffries was joined by Gwen Carr, the mother of Eric Garner, the 43-year-old black man who was choked to death on July 17 by New York Police Officer Daniel Pantaleo.

Garner’s encounter with Pantaleo was captured on video, which revealed that after Pantaleo confronted Garner for allegedly selling untaxed “loose” cigarettes, and put him in a chokehold, Garner said, “I can’t breathe” 11 times before the chokehold took his life. The Staten Island grand jury announced their decision not to indict Pantaleo on Dec. 3.

“The chokehold is a classic example of violent police tactics,” Jeffries said. “It is an unreasonable measure. It is an unnecessary measure. It is an uncivilized measure. This bill will make it an unlawful measure.”

Carr called this bill a “step in the right direction,” and said she was going to do whatever she could to help the bill pass.

“Because police officers are just like other citizens – if there’s a crime, if there’s misconduct, they should arrested and they should be held accountable just like any other citizen,” Carr said. “They should enforce the law, but not be above the law.”

The Huffington Post reported that the United States Dept. of Justice is currently investigating Garner’s death to determine whether Pantaleo violated Garner’s civil rights, and noted that DOJ investigations into alleged police misconduct, “rarely lead to charges being filed.”

According to the Associated Press,  Jeffries defined the bill was a way to amend civil rights laws dealing with excessive force by “defining chokeholds as a depravation of rights under the color of law.”

Jeffries said it is clear that the current department police is “not sufficient,” referencing over over 1,000 complaints that have been filed with the Civilian Complaint Review Board regarding NYPD chokeholds from 2009 to 2013. The Huffington Post noted, “only nine of those complaints were substantiated by the CCRB, and only one officer was disciplined – by being docked some vacation days.”

 

Featured, Police Accountability, Swann TV, US

Darren Wilson Grand Juror Sues Prosecutor For The Right To Speak

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Washington, D.C.- A grand juror in the Darren Wilson case is suing the St. Louis County Prosecutor Bob McCulloch for the right to speak out about the grand jury proceedings. The juror says that McCulloch and his staff have “mischaracterized” the grand jury proceedings.

The grand juror, referred to only as “Grand Juror Doe” in the lawsuit, takes issue with how McCulloch characterized the case. McCulloch released evidence presented to the grand jury and publicly discussed the case after the grand jury decided not to indict Wilson, then a Ferguson police officer, in the shooting death of Michael Brown, an 18-year-old African-American.

According to the lawsuit, “The current information available about the grand jurors’ views is not entirely accurate — especially the implication that all grand jurors believed that there was no support for any charges.”

The grand jurors are under a permanent gag order unless a court grants them the right to speak out about the case.

Meanwhile, in New York, a hearing was postponed on Monday that would allow the the grand jury proceedings in the Eric Garner case to be released to the public.

In the video above, Ben Swann talks about the cases.

Featured, US

Breaking: St. Louis Prosecutor Says He Knew Multiple Witnesses Were Lying to Ferguson Grand Jury, Will Not Pursue Charges

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St. Louis, MO- St. Louis Prosecuting Attorney Robert McCulloch made his first remarks about the allegations that multiple witnesses before the Ferguson grand jury perjured themselves when testifying about the confrontation between Darren Wilson and Mike Brown.

Friday, McCulloch spoke with KTRS 550 and said that “Clearly some were not telling the truth.” McCullough continued that he’s not planning to pursue charges against any lying witnesses.

In his first extensive interview since the grand jury decided not to indict Ferguson Police Officer Darren Wilson, McCulloch said he had no regrets about letting grand jury members hear from non-credible witnesses.

“Early on I decided that anyone who claimed to have witnessed anything would be presented to the grand jury,” McCulloch said. He added that he would’ve been criticized no matter his decision.

While McCulloch is correct, it is curious that he will not pursue perjury charges for witnesses who were lying under oath. According the The Smoking Gun, the website that broke the story of “Witness 40” lying about even being at the scene of the shooting, there were witnesses who lied both for and against Officer Darren Wilson.

According to the American Bar Association it is much easier to file perjury charges against someone who is testifying before a grand jury than it is to file them against someone who lies during a conventional trial. In fact, Government attorneys have brought numerous prosecutions for perjury under the federal criminal law that prohibits lying to a grand jury.

Under 18 U.S.C. § 1623, it is a crime to “knowingly make . . . any false material declaration” before the grand jury. “False,” for these purposes, merely means incorrect. In contrast, the statute governing perjury in proceedings other than a grand jury requires that the false statement be made willfully—a higher standard. See 18 U.S.C. § 1621.

During a conventional trial, simply giving incorrect information because of confusion or a faulty memory will rarely bring perjury charges. Especially when the standard is for “willfully” incorrect information. In a grand jury proceeding, giving any mistakenly wrong information is a crime, let alone, willfully incorrect information.

Ben Swann interviewed Adam Goldberg with The Smoking Gun about their investigation into “Witness 40”.

Featured, Politics, Swann TV, US

“Smoking Gun” Investigation Finds Multiple Witnesses on Both Sides Lied To Ferguson Grand Jury

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Remarkable new details are emerging out of the grand jury testimony surrounding Mike Brown’s death.

A new investigation by the Smoking Gun claims that one of the witnesses who supported Darren Wilson’s account of being charged by Mike Brown may not have been at the scene. She may also have mental health issues and history of lying to police.

The witness in question was presented to the Grand Jury as “Witness 40”. The woman, who has now been identified as Sandra McElroy, reportedly claimed to have been on Canfield Drive at the same time that Officer Wilson and Mike Brown had their deadly confrontation.

McElroy claimed that she had written down notes of what happened in a journal and asked to read those before the grand jury. In those notes McElroy writes that she drove 30 miles away from her home down to Florissant because she “need to understand the black race better so I can stop calling blacks N—– and start calling them people.”

After that the journal entry goes into a long detailed, blow by blow account of the confrontation between Wilson and Brown.

In part, McElroy writes, “The cop was wobbling, the big kid turned around with his arms out with attitude. The cop just stood there. Dang. If that kid didn’t start running right at the cop like a football player. Head down. I heard 3 bangs but the big kid wouldn’t stop.”

Ben Swann interviewed Andrew Goldberg, managing editor with The Smoking Gun who explained that FBI investigators determined the day before she was put in front of the grand jury that McElroy was not telling the truth.

In addition, a woman who supported the story of Mike Brown putting his hands in the air, and claimed that she had recorded the video on her phone but accidentally dropped her phone in the toilet and then threw it away, was also allowed to testify before the grand jury.

Goldberg says that he would like to know which witnesses were not allowed in front of the grand jury because the prosecutor appears to have allowed anyone with any outlandish story to tell it to the grand jury.

Featured, Politics

Breaking: NYPD Officer Not Indicted In Death Of Eric Garner

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New York- The New York Post is reporting that a grand jury has declined to indict Officer Daniel Pantaleo, the NYPD officer who was caught on video placing Eric Garner in a choke hold in July following accusations against Garner over alleged sales of loose cigarettes.

Garner, 43, died shortly after his altercation with Pantaleo and was heard on amateur video yelling “I can’t breathe” as Pantaleo placed him in a hold that was classified as a choke hold, which is a forbidden hold to use in the NYPD.

Garner’s death had been ruled a homicide by the city’s medical examiner. Garner’s family plans to sue the city for civil rights violations and wrongful death.

 

Politics, Swann TV, US

New York Grand Jury May Not Indict Officer Who Choked To Death Eric Garner

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A grand jury is close to reaching a decision on whether or not to charge a New York City Police Department officer for killing African-American Eric Garner for selling cigarettes.

Though the case sparked nationwide outrage in July, some believe the officers involved may be cleared of wrong doing, as was the case with the Ferguson Police Department’s Darren Wilson.

Ben Swann discusses with Sunsara Taylor of World Can’t Wait.

Politics, US

Was Grand Jury in Ferguson Case Led To Their Decision By Prosecutor?

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Legal experts are questioning why the grand jury that decided to not indict Ferguson police officer Darren Wilson took a number of unusual steps.

From hearing first-hand testimony from Wilson himself to using potentially leading terminology to perhaps downplay the significance of the officer’s actions, many things make the proceedings different from most.

Attorney Patrice Sulton spoke to Ben Swann to provide insight.

Featured, Police State, Politics, US

FERGUSON: No Indictment for Officer Wilson in Michael Brown death

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FERGUSON, Missouri, November 24, 2014– Monday night, a grand jury decided not to indict officer Darren Wilson in the death of Michael Brown.

Previous to the public announcement, police have been anticipating an eruption of violence. Multiple reports of police commentary began to flood the internet as on location journalists and citizens listened to police scanners. As the announcement was made, protesters mostly breathed a sigh of disappointment and turned to walk away. So far, no violence has been witnessed.

Reports of the grand jury’s decision began to leak approximately 15 minutes before the official announcement.  

Follow Michael Lotfi on Facebook & Twitter for more live updates.

UPDATE:

Featured, Police State, Politics, US

Breaking: Missouri Governor Declares State Of Emergency in Ferguson

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Ferguson, MO- KFVS12 is reporting that Missouri Gov. Jay Nixon has declared a state of emergency and has activated the National Guard in advance of the announcement of the Grand Jury’s decision of whether Ferguson Officer Darren Wilson will be charged in the August shooting of Michael Brown. The state of emergency will last 30 days.

Nixon said that the National Guard will assist local and state police. In his executive order, he cited “possibility of expanded unrest.” Nixon acknowledged that people have the right to peacefully protest, but said the state must protect businesses and citizens from harm.

There has been no time or date provided for the Grand Jury’s announcement.

Ben Swann recently reported from Ferguson. Watch Swann’s report below.

Featured, Swann TV, US

Ben Swann Live in Ferguson Missouri on “eve” of Grand Jury Decision

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Ferguson, MO- As the community of Ferguson, Missouri prepares for the reading of a grand jury decision on the police killing of African-American teenager Michael Brown, Ben Swann is on the ground taking a hard look at the issues behind the unrest that shook the nation.

Broadcasting live with RT America, Ben Swann goes beyond the headlines to examine the growing militarization of American police, the emerging “policing for profit” trend and why the issues in Ferguson are much bigger than just the case of Officer Darren Wilson and the Brown family.

Featured, Politics, US

Texas Governor Rick Perry indicted by grand jury on felony charges- Could face 109 years

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AUSTIN, August 15, 2014– According to Austin, Texas NBC affiliate KXAN, on Friday, a grand jury served an indictment against Gov. Rick Perry (R- Texas) in connection with the investigation into an effort to force Travis County District Attorney Rosemary Lehmberg to resign. Travis County is home to Austin, Texas.

At the center of the issue is a complaint about intimidation stemming from Perry’s threat to veto of $7.5 million in state funding to the Public Integrity Unit run by Lehmberg’s office, which came after she pleaded guilty to drunk driving and served a 45-day sentence; Perry called on her to step down. However, Lehmberg refused to resign her position, which led Perry to veto the funding for the PIU.

A grand jury was called to determine whether or not Perry broke the law when he threatened to veto the funding. As a result, indictments were issued on two felony charges. 1.) Abuse of official capacity. 2.) Coercion of public servant. If Perry were to be found guilty, he could be sentenced to a maximum 109 years in prison.

An indictment indicates the grand jury believes the state has a strong enough case to send to trial.

Here is video of Lehmber’s booking into the county jail

“The first count of abuse of official capacity. It basically charges that on the day of the veto in 2013 that Governor Perry intentionally or knowingly misused government property that had come into his custody or control,” special prosecutor Michael McCrum said Friday afternoon.

According to KXAN, McCrum told reporters that he plans to meet with Perry’s attorneys on Monday.

Grand jury's indictment of Governor Rick Perry
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