Would it not have been better for everyone involved if the case had gone to a jury trial?

[kentuck]

With such an outcry over the shooting, it was probably the least that folks could expect to happen?

If it had gone to trial and all the evidence had been weighed by a jury and Wilson had been absolved on any wrong-doing, would the reaction have been any different?

Would not Wilson have had a stronger stand if he had been cleared by a jury of his peers?

As it is, this cloud will be hanging over him for the rest of his life and will never be accepted by the people of Ferguson, Missouri.

The miscarriage of justice was that there was never a jury trial for this tragic killing.

[Kalidurga]

1. Yes

It would have been better. I think Wilson would have gotten a not guilty verdict, because Missouri is just that corrupt.

[SomethingFishy]

2. Not that there wouldn't have been protests if he had won in an actual trial but..

not having a trial? It was a total slap in the face and a message to those "uppity" folks to be very careful how you look, dress, talk, walk and sound...

[el_bryanto]

3. It should definitely have gone to a jury trial - it's unlikely he would have been convicted

But at least there would have been an open record and an opportunity to cross examine.

Bryant

[HappyMe]

4. Exactly.

The lack of a trial was a kind of 'fuck off' smack in the face.

[Rex]

5. Or the DA should have never called for a GJ. He had no desire to prosecute Wilson.

As far as I am concerned, he did just like the PD - he incited rioting by denying justice in a court of law.

[NaturalHigh]

6. Considering the millions in legal fees that Wilson would have incurred...

I think it's hard to argue that he would have been better off.

[pnwmom]

8. Only if there had been an actual PROSECUTOR at that jury trial,

not another stand-in for the defense.

[tk2kewl]

11. that's the crux right there

[4139]

9. No. Did the George Zimmerman trial help?

How about the trial of the cops who beat Rodney King? Did that trial help?

Only a small chance of guilty or not guilty, high chance if hung jury....

[uppityperson]

10. Was it you who posted similar question recently, expressing concern about Wilson

continuing to be looked at as the cop who shot the black teen? I am curious because you seem to be saying Wilson got the bad ending in this shooting. If it was not you, my apologies for being suspicious of motives.

[kentuck]

13. No. it was not me.

apology accepted.

[uppityperson]

14. thanks and I am sorry. To address your OP, going to trial would've been

Helpful IMO in getting cross examinations done which would've been great. If he'd been ruled not guilty by jury, I think, hope, he'd still be seen as cop who shot a teen for the minimal issue of provoking the confrontation.

[jwirr]

12. I think it would have. A lot of what happened would not have and Ferguson MO would have taken

the first step toward reconciliation and making necessary changes. IF Wilson was indeed innocent as they say then he should not have been afraid of the very system he worked for.

[avebury]

15. No - IF Robert McCullough's office handled the criminal trial.

There is no doubt that he or his staff would have cheerfully thrown the case under the bus which would have attached double jeopardy to the case and no chance of ever retrying the case. Under McCullough's lordship, justice would have been denied and tax payer money wasted and Wilson would have definitely walked.

There is no doubt that the prosecutors commited fraud in the GJ process by knowingly entering in a discredited law as fact to the jury. When they "corrected their error", one of the members of the GJ asked them "Can the Supreme Court overturn a Missouri law?" Now that is a straight yes or no question which the Prosecutors refused to answer. The woman said "We don't want to get into that" and the male prosecutor "we don't want to conduct a law class." And even more dismaying is the fact that the Judge and the two Prosecutors are officers of the court and are to uphold the law. The prosecutors lied to the GJ at the start of the process and refused to accurately answer the GJ member's question. Furthermore, the Judge let them get away with it. It really makes you wonder how many defendents that they railroaded into jail in the past. The entire Prosecutor's office needs to be investigated by the DOJ and complainst filed with the MO Bar Association against these two Prosecutors and possibly the Judge if the Judge has a law license.



Yes - Only if there had been an Independent Prosecutor handling the case. Only then might there have been even a glimmer of a chance of straight prosecution of whatever charges ended up being filed against Wilson.

[KingCharlemagne]

19. Small technical annotation: Judges are typically not present during

Grand Jury proceedings. The Judge (Hon. Carolyn Whittington) was present when the GJ was first empanneled, but the actual proceedings are mostly the D.A's show (in this case, two ADAs: Kathi Alizadeh who gave the faulty instruction and Sheila Whirley who said "we don't want to conduct a law class&quot .

I'm willing to see McCulloch, Whirley and Alizadeh brought up for possible disbarment (and possibly as defendants in a criminal obstruction of justice proceeding). But the Judge should get a pass on this, I think.

If you know differently, please advise, as I am not a lawyer.

[B Calm]

16. Damn right, it should of went to trial and Wilson was scared to death

that it would end up there.

Oh Kentuck, check out this little 10 yr old boy: http://www.democraticunderground.com/1018696079

[kentuck]

21. I love it!!!

Thanks!

[One_Life_To_Give]

17. Media would have painted differing views in different communities

I think the OJ trial showed us that what actually happens in a courtroom and what the media will try and tell us happened in the courtroom will be different. Add to that people on each side of the issue receive "news" from differing sources. In the end we can only be sure that we will disagree and that will be good for selling advertising.

[TBF]

18. I think it should go to trial

automatically if a police officer shoots anyone - much less someone who is unarmed. I don't think it's fair for departments to cover these up.

[KingCharlemagne]

20. I think the case should have proceeded to trial, because I believe probable cause

existed (and indeed still exists). But it would not have been better for Wilson, as a trial would expose him to potential criminal liability. It was in Wilson's interests to keep this from going to trial at all costs.

Weirdly, I think it was better for McCulloch to throw the case before this GJ, since double jeopardy does not attach to a GJ proceeding but would attach to a non-guilty verdict in a trial. I can envision a new GJ under the direction of a Special Prosecutor securing an indictment at some future date, there being no statute of limitations for murder (3-year SoL on manslaughter).

The movement needs to maintain pressure on McCulloch to recuse himself so that Governor Nixon can appoint a Special Prosecutor. Wilson is by no means out of the woods yet for criminal charges.

[gollygee]

22. It wouldn't have been better for Darren Wilson

because I think he had a good chance of going to prison, even with how hard it is to convict a white cop of killing a black person.