Monday, January 5, 2015

A member of the jury that decided not to indict Officer Darren Wilson has filed a lawsuit in the hopes of lifting the lifetime gag order that prevents jurors from discussing the case.

The suit was filed on the anonymous juror’s behalf by the American Civil Liberties Union, and it was filed against St. Louis prosecutor Bob McCulloch, who would file charges against the juror if he or she spoke about the case.

The lawsuit specifically questions McCulloch’s assertion that “all grand jurors believed that there was no support for any charges.”

“Right now there are only 12 people who can’t talk about the evidence out there,” ACLU attorney Tony Rothert said. “The people who know the most — those 12 people are sworn to secrecy. What (the grand juror) wants is to be able to be part of the conversation.”

“The Supreme Court has said that grand jury secrecy must be weighed against the juror’s First Amendment rights on a case-by-case basis,” Rothert added. “The rules of secrecy must yield because this is a highly unusual circumstance. The First Amendment prevents the state from imposing a lifetime gag order in cases where the prosecuting attorney has purported to be transparent.”

Do you think the gag order should be lifted? Sound off in the comments below!

H/T: New York Daily News

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