the grand jury process seems so flawed

[Enrique]

would those flaws play into the decision whether to seek federal charges?

It's so frustrating, but one consolation is that the grand jury testimony was released. But can anything concrete be done with that, for example make it a federal case? Or is the testimony just going to be for the history books?

[TexasMommaWithAHat]

1. Yes, it is flawed

but what is better?

A prosecutor with complete discretion and no grand jury?

A trial before a trial - complete with defense testimony, expert witnesses, etc.?

I don't know what the answer would be to that.

[Enrique]

4. yes, I was strongly in favor of a special prosecutor

especially since McCulloch had conflicts of interest.

[gollygee]

2. It assumes prosecutors would try to prosecute rather than defend

That's the flaw.

[Spazito]

3. This Grand Jury 'process' was deliberately tainted...

I don't think the Grand Jury process, in general, should be judged by the sham perpetrated by McCulloch.

[Enrique]

5. i agree

i meant this particular travesty.

[davidn3600]

6. It should have been an indictment...but it's highly improbable you'd ever get a conviction at trial

The witness testimony was a fucking mess. Yes, you had some witnesses that claim Brown was surrendering. But you also have witnesses (including black witnesses) that back up Wilson's story. So you are never going to get an entire jury to agree on which witnesses are more credible. The witness stories are way too contradictory and unfortunately it seems a few may have read inaccuracies on social media, and then changed their stories. And that's unfortunate. Because that's how the truth got lost.

The forensics was also not conclusive and seems to back up Wilson's story more than it refutes it.

Based on the evidence, I don't see any way you would be able to prove guilt beyond a reasonable doubt. Remember, you have to prove guilt in a trial. The prosecution has the burden of proof, not Darren Wilson.

[Spazito]

9. That's assuming all the witnesses were before the Grand Jury instead of those selected by..

wilson's defense attorney, Bob McCulloch. In a trial, both the prosecution and the defense call witnesses AND get to cross-examine each others witnesses. wilson's defense attorney, McCulloch, made sure that this would NOT go to trial.

[davidn3600]

10. Im talking about if it went to trial

If you have such inconsistency in witness testimony right now...imagine the mess it would be during cross-examination.

The witnesses that are against Wilson's account are super-erratic. They are all over the map. It would be easy for a defense attorney to rip them apart on the stand.

One VERY BIG problem, and McColloch alluded to it, was many of the witnesses against Wilson changed their story based on social media accounts. At first there was this claim on social media that Brown was shot in the back or was shot "execution style." So a number of original eye-witnesses began to claim that. Then when the autopsy report was released, those witnesses changed their story because the autopsy showed zero bullet wounds in Brown's back. Well...guess what...that blew up their credibility. Their testimony becomes worthless. You can use those witnesses in a grand jury, but in a trial the defense will be biting at the bit to rip them apart.

[Spazito]

11. Inconsistencies in witness testimony is quite common in trials...

and it is cross-examination is what weeds out credibility from lack of credibility.

We do not know what witnesses were NOT called before the Grand Jury, witnesses that a REAL prosecutor would bring forward. You are taking McCulloch's position without question, that is a problem.

[Gothmog]

7. Federal investigation is totally separate from state grand jury proceeding

The problem is that federal civil rights criminal cases are harder to prove than a regular state case

[seveneyes]

8. Flawed

The word "flaw" has more synonyms and allusions than any other unspoken phrase ever used. It is a flaw in itself to not self correct such a shortcoming or an overachieved desire.