The decision not to indict Darren Wilson may be overturned imminently after it was revealed that the grand jury was misdirected on a key point of the Use of Force Law.
The grand jury was allegedly told to apply a law that “a police officer can use deadly force when someone is fleeing.”
Unfortunately, this law has not been in place in Missouri since 1977, when it was ruled unconstitutional. Instead, an officer must believe that he or she is being threatened with imminent harm before they open fire.
The jury was not told that law was unconstitutional until the very last day of the trial, but by then, some lawyers say the damage was done.
“The grand jury heard everything through this prism. They heard all the evidence and drew their conclusions as they did without really knowing what they were supposed to be looking for,” said Anthony Rothert legal director of the American Civil Liberties Union of Missouri.
“Then they were told, ‘Oh that’s unconstitutional,’at the end. Their understanding of the law they were to apply was, at the very least, muddled,” he added.
Rothert has filed a lawsuit against prosecutor Robert McCulloch on behalf of an anonymous grand juror. He claims that McCulloch knew of the mixup, and purposely did not correct the grand jury until the very last day.
McCulloch has 21 days to respond to the lawsuit. Should Rothert win, the grand juror will be able to speak freely, which could blow the lid off this entire case.
H/T: Daily Mail