From The Washington Post, who don’t know jack shit:
Federal civil rights charges unlikely against police officer in Ferguson shooting
Justice Department investigators have all but concluded they do not have a strong enough case to bring civil rights charges against Darren Wilson, the white police officer who shot and killed an unarmed black teenager in Ferguson, Mo., according to law enforcement officials.
When racial tension boiled over in Ferguson after the Aug. 9 shooting, Attorney General Eric H. Holder Jr. traveled to the St. Louis suburb to meet with city leaders and protest organizers in an effort to bring calm. He assured them that the federal government would open a civil rights investigation into the fatal shooting of Michael Brown, but that investigation now seems unlikely to result in any charges.
“The evidence at this point does not support civil rights charges against Officer Wilson,” said one person briefed on the investigation, who spoke on condition of anonymity because of the sensitivity of the case.
Justice Department officials are loath to acknowledge publicly that their case cannot now meet the high legal threshold for a successful civil rights prosecution. The timing is sensitive: Tensions are high in greater St. Louis as people await the results of a grand jury’s review of the case.
Many supporters of Brown say they are already convinced there will be no state-level indictment of the officer. Federal officials have wanted to show that they are conducting a full and fair review of the case.
Justice spokesman Brian Fallon said the case remains open and any discussion of its results is premature. “This is an irresponsible report by The Washington Post that is based on idle speculation,” Fallon said in a statement.
Other law enforcement officials interviewed by The Post said it was not too soon to say how the investigation would end. “The evidence we have makes federal civil rights charges unlikely,” one said.
A lawyer for the family of Michael Brown, Benjamin L. Crump, said he would not comment “on something that is not official.”
James P. Towey Jr., Wilson’s attorney, did not return calls or e-mails seeking comment.
The Justice Department is continuing its broad investigation of the policing practices of the Ferguson Police Department, which could result in wholesale reforms and reorganization. The department on Friday announced an agreement with the city of Albuquerque intended to overhaul the way its police department uses force, the result of one such civil rights investigation.
At a forum this week organized by the Aspen Institute and the Atlantic, Holder indicated that similar reform could be called for in Ferguson.“It’s pretty clear that the need for wholesale change in that department is appropriate,” Holder said.
Federal law sets a high bar in bringing civil rights charges against a police officer because prosecutors must prove beyond a reasonable doubt that the officer intended to violate someone’s constitutional rights.
Authorities faced a similar challenge in the investigation of George Zimmerman in the 2012 shooting death of unarmed black teenager Trayvon Martin in Sanford, Fla. Under federal law for hate crimes, prosecutors have to show that someone has been victimized intentionally because of a racial or other bias.
Law enforcement officials have said privately that there is insufficient evidence to bring federal charges in that case, although the two-year probe technically remains open.
The investigation of the Brown shooting is being conducted by the Justice Department’s Civil Rights Division under a federal statute that makes it a crime for a person with government authority — the legal term is “acting under color of any law” — to “willfully deprive a person of a right or privilege protected by the Constitution or laws of the United States.”
Sometimes the department is successful. In 2010 prosecutors won convictions of two New Orleans police officers for civil rights violations in connection with the killing of a man and the burning of his body during the disruption that followed Hurricane Katrina. The officers have appealed their convictions.
Holder and other officials have decried recent news reports about investigative findings in the Ferguson case that have revealed new but conflicting details about the three-minute encounter between Wilson and Brown. Some of those details potentially corroborate the officer’s accountthat the killing was an act of self-defense and could complicate a civil rights case against Wilson.
The St. Louis County autopsy report, published Oct. 21 by the St. Louis Post-Dispatch, was interpreted by some forensic pathologists as indicating that Brown may have struggled for control of Wilson’s gun during their initial altercation, but they also said the evidence was inconclusive.
After two shots were fired inside Wilson’s patrol vehicle, the officer got out and Brown fled but later turned around as Wilson continued firing. Some pathologists said the report indicates — but not conclusively — that Brown’s hands were not over his head. Several witnesses said his arms were raised in surrender when the officer shot him again.
Rachel A. Harmon, a law professor at the University of Virginia and a former prosecutor in the Justice Department’s Civil Rights Division, said it is especially challenging to prove a civil rights case beyond a reasonable doubt.
“There is an extra burden in federal civil rights cases because the statute requires that the defendant acted ‘willfully,’ ” Harmon said. “It is not enough to prove that he used too much force. You have to prove beyond a reasonable doubt that he did so willfully.”
Harmon also said that if Wilson “genuinely believed he was acting in self-defense,” then his actions are not considered “willful,” meaning he did not intend to deprive Brown of his constitutional rights.
Brown was shot a total of nine times, including three times in the head, according to the county autopsy.
Dorian Johnson, the 22-year-old who was with Brown when the two encountered Wilson, has said the officer was the aggressor and did not act in self defense.
David Klinger, a former Los Angeles police officer and professor of criminology at the University of Missouri-St. Louis, said enduring disputes over what happened likely raise reasonable doubt that would make a successful civil rights prosecution almost impossible.
“The autopsy report is devastating because it raises doubts about him standing still with his hands in the air in surrender,” said Klinger, who shot and killed a suspect in the line of duty when he was an officer. “If you have a halfway competent lawyer, the defense could raise reasonable doubt with this.”
Samuel Bagenstos, a former Justice Department principal deputy assistant attorney general for civil rights and now a law professor at the University of Michigan, said that the obstacles prosecutors face in the Ferguson case are typical, as are the frustrations of Brown’s supporters.
It is common to have a situation “that looks like a constitutional violation and may well be an injustice,” Bagenstos said. “But sometimes the Justice Department does not have the ability to bring a civil rights case under the statutes it enforces.”
Now for some facts and truth in reporting……..
Ferguson Grand Jury Leaks Crucial Information From The Michael Brown Case. Prosecutor and Grand Jury Should Be Dismissed.
Ferguson Grand Jury Leaks Crucial Information From The Michael Brown Case
Published on Oct 23, 2014
Joe Madison The Black Eagle. The grand jury in the Michael Brown Ferguson, MO case has leaked serveral key pieces of information from their deliberations. Madison is calling for the grand jury to be dismissed and for a new group to be selected.
Brown’s Autopsy Report Was Taken Out Of Context, Says Forensics Expert
Published on Oct 23, 2014
“Judy Melinek, one of the forensic experts who was quoted by the St. Louis Post-Dispatch on Tuesday about the Michael Brown autopsy report, is taking issue with how the newspaper portrayed her comments.
The key piece of Melinek’s analysis, according to the Post-Dispatch’s original report, was that the report of Brown’s autopsy ‘supports the fact that this guy is reaching for the gun, if he has gunpowder particulate material in the wound. If he has his hand near the gun when it goes off, he’s going for the officer’s gun.’” *
Michael Brown Autopsy Facts & Truth:
Michael Brown Autopsy Results by Doctor Baden
Published on Aug 20, 2014
There has been some false info and altered images circulated surrounding Mike Brown’s physical body. Watch this video for the source findings. Spend the 20 minutes to understand what medical and science professionals know about the shooting of Michael Brown.
New Michael Brown shooting Contractors Witnesses describe Scene
From The New York Times:
Autopsy Shows Michael Brown Was Struck at Least 6 Times
By FRANCES ROBLES and JULIE BOSMANAUG. 17, 2014
FERGUSON, Mo. — Michael Brown, the unarmed black teenager who was killed by a police officer, sparking protests around the nation, was shot at least six times, including twice in the head, a preliminary private autopsy performed on Sunday found.
One of the bullets entered the top of Mr. Brown’s skull, suggesting his head was bent forward when it struck him and caused a fatal injury, according to Dr. Michael M. Baden, the former chief medical examiner for the City of New York, who flew toMissouri on Sunday at the family’s request to conduct the separate autopsy. It was likely the last of bullets to hit him, he said.
Mr. Brown, 18, was also shot four times in the right arm, he said, adding that all the bullets were fired into his front.
The bullets did not appear to have been shot from very close range because no gunpowder was present on his body. However, that determination could change if it turns out that there is gunshot residue on Mr. Brown’s clothing, to which Dr. Baden did not have access.
Attorney General Eric H. Holder Jr. said Sunday that the Justice Department would conduct its own autopsy, in addition to the one performed by local officials and this private one because, a department spokesman said, of “the extraordinary circumstances involved in this case and at the request of the Brown family.”
The preliminary autopsy results are the first time that some of the critical information resulting in Mr. Brown’s death has been made public. Thousands of protesters demanding information and justice for what was widely viewed as a reckless shooting took to the streets here in rallies that ranged from peaceful to violent.
Mr. Brown died last week in a confrontation with a police officer here in this suburb of St. Louis.
The police department has come under harsh criticism for refusing to clarify the circumstances of the shooting and for responding to protests with military-style operational gear.
“People have been asking: How many times was he shot? This information could have been released on Day 1,” Dr. Baden said in an interview after performing the autopsy. “They don’t do that, even as feelings built up among the citizenry that there was a cover-up. We are hoping to alleviate that.”
Dr. Baden said that while Mr. Brown was shot at least six times, only three bullets were recovered from his body. But he has not yet seen the X-rays showing where the bullets were found, which would clarify the autopsy results. Nor has he had access to witness and police statements.
Dr. Baden provided a diagram of the entry wounds, and noted that the six shots produced numerous wounds. Some of the bullets entered and exited several times, including one that left at least five different wounds.
“This one here looks like his head was bent downward,” he said, indicating the wound at the very top of Mr. Brown’s head. “It can be because he’s giving up, or because he’s charging forward at the officer.”
He stressed that his information does not assign blame or justify the shooting.
“We need more information; for example, the police should be examining the automobile to see if there is gunshot residue in the police car,” he said.
Dr. Baden, 80, is a well-known New York-based medical examiner, who is one of only about 400 board-certified forensic pathologists in the nation. He reviewed the autopsies of both President John F. Kennedy and the Rev. Dr. Martin Luther King Jr., and has performed more than 20,000 autopsies himself.
He is best known for having hosted the HBO show “Autopsy,” but he rankles when he is called a “celebrity medical examiner,” saying that the vast majority of what he does has nothing to do with celebrities.
Dr. Baden said that because of the tremendous attention to the case, he waived his $10,000 fee.
Prof. Shawn L. Parcells, a pathologist assistant based in Kansas, assisted Dr. Baden.
“You do this for the families,” Mr. Parcells said.
The two medical experts conducted the four-hour examination Sunday at the Austin A. Layne Mortuary in St. Louis. Benjamin L. Crump, a lawyer for Mr. Brown’s family who paid their travel expenses, hired them.
“The sheer number of bullets and the way they were scattered all over his body showed this police officer had a brazen disregard for the very people he was supposed to protect in that community,” Mr. Crump said. “We want to make sure people understand what this case is about: This case is about a police officer executing a young unarmed man in broad daylight.”
A spokesman for the Ferguson Police Department, Tim Zoll, said the police had not seen a report of the autopsy and therefore had no comment on it.
Dr. Baden said he consulted with the St. Louis County medical examiner before conducting the autopsy.
One of the bullets shattered Mr. Brown’s right eye, traveled through his face, exited his jaw and re-entered his collarbone. The last two shots in the head would have stopped him in his tracks and were likely the last fired.
Mr. Brown, he said, would not have survived the shooting even if he had been taken to a hospital right away. The autopsy indicated that he was otherwise healthy.
Dr. Baden said it was unusual for the federal government to conduct a third autopsy, but dueling examinations often occur when there is so much distrust of the authorities. The county of St. Louis has conducted an autopsy, and the results have not yet been released.
He stressed that his examination was not to determine whether the shooting was justified.
“In my capacity as the forensic examiner for the New York State Police, I would say, ‘You’re not supposed to shoot so many times,’ ” said Dr. Baden, who retired from the state police in 2011. “Right now there is too little information to forensically reconstruct the shooting.”
No matter what conclusions can be drawn from Dr. Baden’s work, Mr. Brown’s death remains marked by shifting and contradictory accounts more than a week after it occurred. The shooting is under investigation by St. Louis County and by the F.B.I., working with the Justice Department’s civil rights division and the office of Attorney General Holder.
According to what has emerged so far, on Saturday, Aug. 9, Mr. Brown, along with a companion, Dorian Johnson, was walking in the middle of Canfield Drive, a fistful of cigarillos in Mr. Brown’s hand, police say, which a videotape shows he stole from a liquor store on West Florissant Ave.
At 12:01 p.m., they were stopped by Darren Wilson, a police officer, who ordered them off the road and onto the sidewalk, Mr. Johnson, who is 22, later said.
The police have said that what happened next was a physical struggle between Mr. Brown and Officer Wilson that left the officer with a swollen face. Mr. Johnson and others have said that it was a case of racial profiling and police aggression from a white officer toward a black man. Within minutes, Mr. Brown, who was unarmed, was dead of gunshot wounds.
The sequence of events provided by law enforcement officials places Mr. Brown and Mr. Johnson at Ferguson Market and Liquors, a store several blocks away on West Florissant Ave., at about 11:50 a.m. After leaving the store with the cigarillos, the two walked north on West Florissant, a busy commercial thoroughfare, toward Canfield Drive, a clerk reported to the police.
Mr. Brown was a big man at 6-foot-4 and 292 pounds, though his family and friends described him as quiet and shy, a homebody who lived with his grandmother.
It is about a 10-minute walk from Ferguson Market to the spot where Officer Wilson, 28, with six years’ experience, approached Mr. Brown and Mr. Johnson.
The police tell of an officer who was enforcing the minor violation of jaywalking, as Mr. Brown and Mr. Johnson ignored the sidewalk and strolled down the middle of the road instead.
The morning after the shooting, Chief Jon Belmar of the St. Louis County police said that Officer Wilson was leaving his police car when Mr. Brown “allegedly pushed the police officer back into the car,” where he “physically assaulted the police officer.”
“Within the police car there was a struggle over the officer’s weapon,” Chief Belmar said. “There was at least one shot fired in the car.” At that point, the police said, Officer Wilson left his vehicle and fatally shot Mr. Brown. “More than a few” shell casings were recovered from the scene.
Mr. Johnson, who declined to be interviewed, has described the events differently in television interviews. While he and Mr. Brown walked, he said, Officer Wilson stopped his vehicle and told them to get on the sidewalk. When they refused, Officer Wilson slammed on his brakes and drove in reverse to get closer.
When the officer opened his door, it hit Mr. Brown. With his left hand, Officer Wilson reached out and grabbed Mr. Brown by the neck, Mr. Johnson said.
“It’s like tug-of-war,” Mr. Johnson said. “He’s trying to pull him in. He’s pulling away, that’s when I heard, ‘I’m gonna shoot you.’ ”
A neighbor, Tiffany Mitchell, said in an interview with MSNBC that she heard tires squeal, then saw Mr. Brown and Officer Wilson “wrestling” through the open car window. A shot went off from within the car, Mr. Johnson said, and the two began to run away from the officer.
According to Ms. Mitchell, “The officer gets out of his vehicle,” she said, pursuing Mr. Brown, then continued to shoot.
Mr. Johnson said that he hid behind a parked car and that Mr. Brown was struck by a bullet in his back as he ran away, an account that Dr. Baden’s autopsy appears to contradict.
“Michael’s body jerks as if he was hit,” Ms. Mitchell said, “and then he put his hands up.” Mr. Brown turned, Mr. Johnson said, raised his hands, and said, “I don’t have a gun, stop shooting!”
Officer Wilson continued to fire and Mr. Brown crumpled to the ground, Mr. Johnson said. Within seconds, confusion and horror swept through Canfield Drive. On that Saturday afternoon, dozens of neighbors were at home and rushed out of their apartments when they heard gunshots.
One person who claimed to witness the shooting began posting frantic messages on Twitter, written hastily with shorthand and grammatical errors, only two minutes after Officer Wilson approached Mr. Brown. At 12:03 p.m., the person, identified as @TheePharoah, a St. Louis-area rapper, wrote on Twitter that he had just seen someone die.
That same minute, he wrote, “Im about to hyperventilate.”
At 12:23 p.m., he wrote, “dude was running and the cops just saw him. I saw him die bruh.”
A 10-minute video posted on YouTube appeared to be taken on a cellphone by someone who identified himself as a neighbor. The video, which has collected more than 225,000 views, captures Mr. Brown’s body, the yellow police tape that marked off the crime scene and the residents standing behind it.
“They shot that boy ’cause they wanted to,” said one woman who can be heard on the video.
“They said he had his hands up and everything,” said the man taking the video, speaking to a neighbor.
Mr. Brown’s body remained in the street for several hours, a delay that Chief Jackson said last week made him “uncomfortable.” Antonio French, a St. Louis alderman who has been active in this case, said on ABC on Sunday that the body had remained in the street for nearly five hours.
At one point, a woman can be heard shouting, “Where is the ambulance? Where is the ambulance?” The man taking the video, who remained off-camera, said, “God rest his soul. He’s gone.”
Thank you The New York Times
The above autopsy report released on August 17th, 2014 makes this autopsy report from The Washington Post, garbage, exactly like the Washington Post, who should stick to reporting the news and not predicting the news.
Remember the days when ALL media reporting was reliable, honest, fact based and truthful? Remember when we trusted and believed what was reported in newspapers, TV reports and radio newscasts? Those days are long gone. MSNBC, CNN, Fox and even PBS have all made serious speculation errors in the recent past. Who can you trust to report facts, researched news and tell us what is and not what “they” want it to be?
If the Washington Post can’t supply anything other than “one person briefed on the investigation, who spoke on condition of anonymity”, why not sit their asses down and shut the fuck up, until they have a source they can name? Now read this…..”Justice spokesman Brian Fallon said the case remains open and any discussion of its results is premature. “This is an irresponsible report by The Washington Post that is based on idle speculation,” Fallon said in a statement.”
Mr. Fallon is a NAME who speaks without “condition of anonymity.” Like I said, Washington Post, sit the fuck down and shut the fuck up.
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