Why they should NOT arrest Michael Brown's killer right away.

[pnwmom]

Last edited Mon Aug 18, 2014, 07:42 PM - Edit history (1)

Once they indict the shooter or put him into custody, they have only 70-90 days to bring him to trial -- or they lose their opportunity. And that isn't a long time to develop a solid case.

It's better to take the time to fully develop the prosecution's case before they arrest him -- and win the case six months from now -- then to arrest him now and have to rush into a trial in 70 days without an absolutely rock-solid case.

Also, there could well be a Federal case here involving the police violation of civil rights laws; if the murder was based on race, as it strongly appears to be, then the Feds could prosecute. But it would take time to develop that case. For one thing, the police department had a filing system that means previous complaints against the officer aren't all in his personnel file -- they're scattered among the cases he worked on. And the Federal autopsy result aren't in yet. All of this is going to take TIME, and shouldn't be rushed to fit the 70 day deadline.

http://www.justanswer.com/criminal-law/1l0gf-time-limit-missouri-right-speedy-trial.html

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.

With limited exceptions, a defendant should be brought to trial in Missouri: Within 70 days of your first appearance on an Information or Indictment; If you are in custody, within 90 days following the beginning of custody.

[sabbat hunter]

1. Bingo n/t

[951-Riverside]

2. "70 days isn't a long time to develop a solid case. "

Here's the thing, they're not going to develop a case at all. This is why people are pissed off, Cops never ever ever ...ever face justice.

This is like waiting 70 days for the Taliban to develop a solid case against a combatant that just killed a US Soldier. It ain't happening!

There won't be any arrests and as usual the family will get a nice little multi million dollar settlement from the Tax Payers.

The system is utter and complete BULLSHIT!

[pnwmom]

8. You're forgetting that there could well be a Federal case, led by Holder, because of the

police involvement.

http://www.ksdk.com/story/news/local/2014/08/13/federal-civil-rights-investigation-michael-brown-ferguson/14019767/

[951-Riverside]

18. I'm not Holding out or giving in to wishful thinking

We've been down this road for far too long to know this cop is going to walk.

At the most the DOJ will look into possible civil rights violations like they did a few months ago in Albuquerque.

Officer Johannes Mehserle only served a year in jail after shooting Oscar Grant in the back on camera. The Killers of Kelly Thomas were brought up on flimsy charges, found not guilty and are free men today.

Back in 2006 Deputy Ivory John Webb Jr was caught on camera telling an unarmed Iraq vet to stand up before shooting him, he too got off scott free.

The system is BULLSHIT and this is why people are pissed off.

[pnwmom]

19. This case has gotten far more publicity. I doubt the Feds will try to sweep this one under the rug.

[951-Riverside]

22. The Kelly Thomas beating got worldwide attention.

In the end his mom got 1 million and the cops got off.

Same thing with the shooting of James Boyd in Albuquerque. The DOJ actually came to Albuquerque after that but didnt do JACK SHIT! except say there were civil rights violations.

The DOJ is nothing more than a carrot on a stick. The point is to keep the masses following that carrot stick for 2 years until the media attention dies down and they can reach a settlement with the family.

[sadoldgirl]

3. Then why arrange for a grand jury on Wednesday?

Besides, I think that the DA will want to sweep the whole thing under the table. Therefore it would be in his interest to go fix all this up as soon as possible. Am I wrong? After all the Feds cannot convict Wilson of murder as I learned here on DU.

[pnwmom]

9. A grand jury can take months to develop a case. And who told you there couldn't be federal charges?

Of course there could be -- based on Federal civil rights violations, which would include a race-based murder by a policeman.

http://www.ksdk.com/story/news/local/2014/08/13/federal-civil-rights-investigation-michael-brown-ferguson/14019767/

http://www.democraticunderground.com/1014873992

[BronxBoy]

12. He said murder charges.....

I've heard the feds can't bring murder charges but I know nothing about this

[LittleBlue]

4. TBH it's not really important that he's arrested right away

That's mob thinking.

The most important thing is to conduct a thorough investigation and do things by the book. Arresting someone to make people feel better isn't a great idea.

[randys1]

5. If your info is correct, yes indeed.

What obviously has the AA community up in arms is HISTORY...

A history of Trayvon Martin and Jordan Davis just to mention a couple.

It is in places like this little town in MO where African American's have been on the short end of justice for decades, centuries.

[nomorenomore08]

21. I rec'd the OP, but I agree with you also. Not everyone has the patience of a saint. n/t

[VanGoghRocks]

6. Where did you get that 70-day limit? IIRC, OJ Simpson was not tried for murder until

long after 70 days had passed from the day of his arrest. (Although OJ was tried in California and this is Missouri, I can't imagine that the time limit varies that widely between states.)

Do you have a source for this?

[pnwmom]

10. Each state has its own limit. I looked it up for Missouri, so I'll find it again.

And the other thing that delays trials, like OJ Simpson's trial, is that the DEFENSE is perfectly free to ask for a continuance, and they often do. It can often be an advantage for a defense to prolong things. But the prosecution must meet its deadline no matter what, because the Constitution guarantees the right to a speedy trial -- unless waived by the defendant.

http://www.justanswer.com/criminal-law/1l0gf-time-limit-missouri-right-speedy-trial.html

You have a right to a speedy trial under the Sixth Amendment of the United States Constitution, which requires that the trial be held within a certain time frame after a person has been charged with a crime. This right can be waived by asking for additional time for the preparation of your defense.

With limited exceptions, a defendant should be brought to trial in Missouri: Within 70 days of your first appearance on an Information or Indictment; If you are in custody, within 90 days following the beginning of custody.

[dsc]

11. also being out on bail as Simpson was makes a difference

and actually Simpson did get a speedy trial. Probable cause hearing July 7, arraignment july 27, jury questioning in Oct.

[VanGoghRocks]

13. Wait a second: OJ was never out on bail waiting for his trial on murder charges. He had a

cushy berth at LA County, but I don't think he was ever released on bail.

[dsc]

16. sorry I thought he had bail

but regardless he did have a speedy trial (in the sense it started fast not that it finished fast)

[VanGoghRocks]

20. Yeah, I probably should just shut up on this topic I think, b/c I'm blowing hot

air. as our gracious OP deftly pointed out.

I actually think now that the OP may have a point, although I'm still noodling it.

Thanks for responding.

[VanGoghRocks]

14. Ah, I stand corrected. I'm leaving my post up for thread integrity purposes but

your explanation and detail makes total, absolute sense. Lesson to VGR: Maybe VGR should look things up myself before popping off!

Thanks again for taking the time to reply with such diligence. Gives your original argument even more heft, imo.

[pnwmom]

17. I realized my OP would be stronger if I added the info you asked about, so I did. Thanks! n/t

[treestar]

7. True but we need to hope the prosecutor is fired up on the case

Remember how some thought the prosecutor was not really trying very hard on Zimmerman.

[alcibiades_mystery]

15. He will not be indicted, he will not be charged, he will not be tried

The county prosecutor is acting as defense counsel for Darren Wilson. The Ferguson PD and the St. Louis County PD are functioning as HIS private investigators and public relations team.

Seventy days?



He'll never even be booked.