Lawrence O'Donnell briefly touched on the aspect of Mike Brown shooting that troubled me for Days.

[gordianot]

Legal scholars please help?

The Ferguson Police Chief comes out of the void with a press conference releasing reports he claimed he was mandated to release under a Freedom of Information request. Of course name unknown of the Police officer who shot Mike Brown is then released to the public. No written report of the shooting is offered (which most Police Departments require in 24 hours). To this date no Police Report which should exist has been offered beyond unsubstantiated statements by the Police Chief and internet rumors. A partial incomplete incident report and surveillance footage alleging a robbery involving Michael Brown is offered.

Here is my question: Officer Wilson knowing that he was involved in a wrongful shooting, could he refuse to write a Police Report under 5th Amendment protection of self incrimination?

No explanation of the shooting much to the anguish of many people has been presented could it be it simply does not exist?

[KittyWampus]

1. still no police report?

[gordianot]

2. Apparently not, dis hear something about Wilson offered chance to make statement to....

Grand Jury.

[HooptieWagon]

3. I am not a legal expert.

But I would think that as a public servant, it would be compulsury for Wilson to write and file a report in a timely manner. Failure to do so (except in extenuating circumstances, like being in ICU in hospital) would be grounds for suspension w/o pay or firing.
IMO, Wilson cannot claim both the superior legal position of a law enforcement officer (inre to recieving benefit of doubt on testimony), and 5thA protection at the same time.
If we go back to the OJ trial, Mark Furman was called to testify. When his testimony was found to be riddled with lies, he was tried and convicted for perjury. I'm sure Furman would have liked to have his official testimony accepted as factual, while at the same time refusing to answer difficult questions.

[gordianot]

5. My son says you have 24 hours where he works all arrests all incidents.

[HooptieWagon]

7. That would make sense.

If he hasn't filed a report, I'd say he should be fired for not performing prescribed duties. He is then treated like any citizen in any future trials.

[BobbyBoring]

19. It's kind of a stretch

Calling Wilson a public servant. He sounds like a public menace to me.

[HooptieWagon]

20. Yes, he is.

But, no matter how racist or out of control, he is a public servant by definition.

[spinbaby]

4. This is why I'm sure Wilson is guilty

They're covering up evidence like a cat burying a turd in the litter box.

[pintobean]

6. The report would be part of

an active investigation, which exempts it from FOI laws.

I'm not an expert, but have personal experience in the matter. Also, much of my family works with the law.

[gordianot]

8. Thanks that explains a lot.

So the alleged robbery would not be part of the investigation.

[pintobean]

12. That was the claim at the time of release.

That investigation was done by FPD and they closed it without charges. That made it mandatory to comply with the FOI requests. The shooting is a separate investigation by a separate PD(county).

[Hoyt]

9. Still, there is no reason not to see/hear his account from the date of the shooting.

Sounds to me they are waiting for all the evidence to filter in to make sure things line up. Of course, he could have refused to write one, at "advice of his lawyer."

If evidence like a shattered eye-socket exists, it seems to me it would help the situation to release it. It darn sure would help folks accept/reject whether it was a justified shooting, a wanton murder, or just one of those things that get out of hand and result in tragedy.

[pintobean]

10. I think the grand jury is in session right now.

That's where it will be seen. That's where it belongs.

[Hoyt]

13. Except we and protestors won't see it there. They got stuff out on Brown quickly.

If the report is in writing and certifiable as of roughly 10 days ago, there is no harm in releasing it.

It isn't going to change, is it? Or is it written in stone, but they are trying to come up with an explanation for some of the things in the report that don't make sense at this point.

The purpose of releasing it and photos of Wilson is the help people who are really upset either decide this situation is or is not murder/manslaughter/sloppy police work, etc., or this event is not the issue -- it's years of poor treatment, poverty, etc.

I know that the shooting yesterday had an angry crowd forming and a policeman and councilman bravely waded in and explained what happened. People calmed down.

[pintobean]

15. Calming and informing the public isn't the prosecutor's job.

McCulloch has been doing this job since 1991, and he's very good at it. I'm not qualified to second guess him.

[Hoyt]

16. The prosecutor needs to change his horizon. There is no reason not to release the report

and photos of Wilson.

I bet they won't let Wilson talk to the press, he might contradict himself. If this is a good shoot, what is there to contradict.

If Wilson is innocent, there is no reason to withhold such evidence.

Sorry, man, whether true or not, it is looking like they have something to hide -- even if it's just poor followup, the computer crashed and they lost data, Wilson's report showed a man high on shooting an unarmed man.

Withholding such info is starting to tick me off, big time.

[pintobean]

17. I'm sure McCulloch will release everything

just as soon as he learns that you're ticked off.

[cleduc]

27. As well, there were a lot of witnesses to process

Apparently, various law enforcement authorities have spoken with 200 or so

It's not uncommon for police to keep things close to the vest in ANY crime to minimize tainting the investigation / witness testimony, etc.

Obviously, in this case, that becomes murky with all the media coverage broadcasting witness testimony and pundits weighing in with their opinions.

I have read that Wilson provided two statements on the shooting. One, on the day of the shooting. Another, more lengthy one, in the next few days after the shooting. I do not know if it was written or verbal.

I doubt any of that will be published until the Grand Jury has done it's thing. I know folks are anxious but I think that's the right call.

What they have released is stuff about the sick child call and the robbery under FOIA requests.

[stevenleser]

11. That is an excellent question. As obsessive as police departments usually are for written reports

and details, this is hard to understand.

Are they asserting that no written report exists or that they are not allowed to release it because it is part of an active investigation?

As to the question regarding could he refuse to write a report, sure. In the non-military world, you are legally allowed to refuse just about any work request. You will most likely be fired, but you can refuse to do things at work without legal repercussions.

[Jackpine Radical]

14. Your question relates to a conflict between legal rights & work requirements.

You have the legal right to remain silent, but in this case cannot do so while fulfilling your job obligations. It would be up to your superiors how to deal with it in the job setting.

[gordianot]

18. Then since there is an ongoing investigation the Officers report is not released.

If there is no report filed that is up to Ferguson Police? Could it be Ferguson PD does not know the bumbling ignorance seems to run deep in Ferguson Police Chief. I cannot help but contrast the shooting St. Louis County yesterday where the facts were on the spot with St. Louis police chief and Ferguson where an 18 year old body is laying uncovered in the street for hours in sight of his family.

[brooklynite]

21. He's not LEGALLY required to prepare one...but he is PROFESSIONALLY required to prepare one

As a Police Office, he's required to prepare a report as part of his job. If he refuses to do so, it could potentially invalidate the assertion that the shooting occurred under color of authority, and thus was legitimate and defensible.

[gordianot]

23. Apparently he has been interviewed just heard

Unclear if there was a written report. What I hear is Ferguson rewards Officers for quantity of work think quota system. It is also a place people in law enforcement avoid. It makes some sense a jay walking kid with cigars after a citizen 911 call would be attractive to confront when you are required to do piece work.

[Horse with no Name]

22. What it appears that they are doing

is attempting to fit details of the investigation and create a plausible story around facts that the cannot argue.

That and an aggressive disinformation campaign.

While this case and the case against Zimmerman have many parallels...the one striking difference is that Wilson committed his murder while on the job. I do not understand how Wilson walked away from this crime scene without being immediately taken to the hospital for an ON THE JOB INJURY. Why did he mull around the scene for hours and why didn't his Commanding Officer relieve him of duties so that he could be medically attended to? Someone needs to get the Policy and Procedure book from that Police Department and find the policy regarding on the job injuries and how they are to be handled. Most places require that the employee be IMMEDIATELY be escorted to a medical facility where they are examined and drug tested to make sure that the injury was not a result of the employee being under the influence.
An orbital injury is an EXTREMELY painful injury causing almost immediate swelling. Because of the chance of a broken bone penetrating the brain, this is an injury requiring emergent care.

Do I think that there is a probability that Wilson has an orbital fracture? Yes.
Do I think it was incurred at the time of the incident? No.

He was at the scene for hours. The eye would have started getting black and swelling. There would have been obvious injury.

[gordianot]

25. If I were betting no written report.

[The Second Stone]

24. He can invoke his 5th Amendment right to refuse to write a report

and his public employer can fire him for it.

[gordianot]

26. I suspect they would not do not need more adversaries

As of now unwelcome visitors may be knocking on the door.