Lawyers for Ferguson seek any Michael Brown juvenile records

[Judi Lynn]

Source: Associated Press

Lawyers for Ferguson seek any Michael Brown juvenile records

Jim Suhr, Associated Press
Updated 11:39 am, Saturday, June 18, 2016

KANSAS CITY, Mo. (AP) — The city of Ferguson and other defendants in a wrongful-death lawsuit by Michael Brown's parents are seeking access to any juvenile records of the black 18-year-old who was fatally shot by a white police officer in 2014 — a request once rejected by a judge after a newspaper and blog sought such documents.

The motion, filed this month, seeks St. Louis County family court records concerning outcomes of any Brown-related juvenile cases "or records of any alleged delinquent acts committed by or pertaining to" him. The motion argues that any such information "is reasonably calculated to lead to the discovery of admissible evidence" in the lawsuit against the St. Louis suburb, former Police Chief Thomas Jackson and Ferguson officer Darren Wilson, who shot and killed the unarmed Brown during an August 2014 confrontation.

Brown's parents "have no standing to assert any privilege with respect to the requested information," and at the time of Brown's death "the interest in safeguarding the confidentiality of any juvenile court records became less compelling," according to the motion, scheduled for a hearing Thursday. The filing, first reported by the St. Louis Post-Dispatch, claims a "legitimate interest" in the records without elaborating.

. . .

Anthony Gray, an attorney for Brown's family, said that even if Brown had a brush with the juvenile court system — including for such low-level offenses as truancy — those details are irrelevant to whether his death resulted from excessive force.


Read more: http://www.chron.com/news/crime/article/Lawyers-for-Ferguson-seek-any-Michael-Brown-8310785.php

[scscholar]

1. This is so biased

Juvenile records are not an issue.

[cstanleytech]

3. They are only biased if its a criminal trial this isnt a criminal trial though and

if the judge denies them access the city will then claim down the road on appeal that it was denied the right to defend itself the appeals court could very well agree and throw the verdict out so I think it better that they be granted access if only to preclude the eventual verdict from being thrown out.

[Rex]

2. Wow, so they murder the teen and now want to keep dragging the dead corpse through the streets?

Pathetic.

[cstanleytech]

4. I suspect just about any defense lawyer would try this. nt

[Rex]

5. Even knowing those records are sealed for the exact reason they want to open them?

Pretty scummy move imo.

[Scruffy1]

6. Always blame the victim.

One listen to the shot pattern and you know its murder, but oh well. Read the whole transcript of the rigged Grand Jury hearing.
they didn't bother with facts not even a qualified expert, gave the law wrong to the jury and the whole team should be disbarred but this is the real America, not the one they told you about in school.

[cstanleytech]

7. The seals are meant for criminal cases this is a civil one though against the

police and city and the police and cities lawyers are probably doing this not because there is anything in his record but because they are probably hoping to be denied that way it gives them two other options.
Option one is they file to have the case dismissed due to being denied access to evidence to form a defense for their client.
Option two is they use it down the road after they lose the trial and file to have the verdict thrown out for being denied the right to evidence from which to mount a defense for their client though there is a variant of that where the city hires a new attorney down the road to appeal the verdict due to inadequate representation if the current attorney is unable to get these records to try and mount a defense on.

Edit: plus there is the option of getting the verdict thrown out later if they are denied access to the documents and judge later let's them in and the judge finds that the information could have allowed the city to mount a defense if it had been allowed to use the information in which case we are back to square one and a new trial has to be held.

[Rex]

11. Well then I learned something new today, thank you.

I thought those records were sealed no matter what type of case it pending. Still sounds like a dirty trick, but I guess that is part of doing whatever it takes to win a case.

[cstanleytech]

14. The only sure fire way for such records to be untouchable is if they are destroyed.

Seals for juveniles are largely meant to give the child a chance to move on with their lives and not be punished for the mistakes they made as children should they make another mistake as an adult.

[Yupster]

13. I agree

Defense lawyer is obligated to give his clients the best defense he can. Needs to ask for everything. Doesn't mean he'll get them.

[Travis_0004]

8. They are being sued

A party being sued has the right to gather evidence.

[Judi Lynn]

9. It is pathetic. They won't find anything to justify their murder and their treachery. n/t

[Rex]

12. That was my point, no matter what is in those records they still do not justify the level

of violence used on Brown.

[Odin2005]

10. Textbook character assasination.

Disgusting.

[XemaSab]

15. Who cares if he cut class when he was 15?

They have him on video robbing a store and assaulting the clerk.

What more do they want?

[Ash_F]

16. Irrelevant to his encounter with the shooter.