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Ferguson Facebook Conversations: Learning about Grand Juries, Voting, and Recusing

Dr. Melissa Crum • Nov 29, 2014

I found myself glued to my laptop for the past three days. Being inserted into, inserting myself into, and creating conversations about Ferguson, the verdict, and the responses to it. Here is a part one of a series of facebook posts on my wall. Lawyers and university professors answered my questions:

Nov. 25th

My initial post:

To all the lawyers, judges, and political scientists… The goal of a grand jury is NOT to convict but to simply say that there is enough evidence to move forward with a trial that COULD determine a conviction or not. Right?

Jocelyn:   Correct. The prosecutor presents the evidence to the grand jury or can choose to indict without using a grand jury. It breaks down to what evidence is presented and how that evidence is presented.

Moyah:  Correct. It’s usually a one sided presentation of evidence from the prosecutor’s viewpoint and it usually leads to an indictment.

Melissa Crum: So… since the prosecutor is FOR Mike Brown then can we say that either the information was poorly presented OR…. well I don’t know… what else could it be?

” According to the Bureau of Justice Statistics, U.S. attorneys prosecuted 162,000 federal cases in 2010, the most recent year for which we have data. Grand juries declined to return an indictment in 11 of them… legal experts agree that, at any level, it is extremely rare for prosecutors to fail to win an indictment… Cases involving police shootings, however, appear to be an exception.”
For the educators, this is a great opportunity to teach systemic racism…

Jocelyn  Remember the prosecutor in this case is the son of a slain police officer. He’s made it clear he’s pro-police.

Melissa Crum Wait what! I didn’t know that! You have got to be kidding me. Jocelyn, Is there not a recusing procedure for that?

Moyah:   It’s how the evidence was presented to the grand jury, you had the defendant testify, you had witnesses that contradicted each other…etc. With that presentation of facts….this was the only result unfortunately.

Melissa Crum : So, is the prosecutor a state employee or hired by the Brown family?

Moyah:  I believe he is a city employee he was not hired by the Brown family.

Melissa Crum So, could the Brown family (if they had the resources) have hired an attorney that could have had their best interest in mind? Meaning a lawyer that was not pro-police? Or did they have to use the city prosecutor?

Jocelyn:   The prosecutor is a county employee. In most counties, he is an elected official.

Melissa Crum Ahh… so people in Missouri should keep this in mind next local election…

Moyah:  No they could not have in the criminal case. They can always hire an attorney for a civil case.

Melissa Crum So they had no choice… damn. And there is only one county prosecutor to choose from?

Moyah:   Exactly! He is an elected official. This is where voting matters. In addition, in Missouri I believe assaulting a cop is a felony and they are allowed to use deadly force if they perceive an assault is imminent. People need to start addressing these laws that are on the books. I understand the rage…but when all is said and done…hopefully people can start going to PTA meetings, city council meetings, community meetings and showing up at the state house during the legislative session.

Melissa Crum Was the county prosecutor election this month as well? I wonder if they waited to give the decision because wanted to wait until AFTER local elections as to not jeopardize his position…

Moyah:   Not sure. In Baltimore City the State’s Attorney is elected to a four year term. So it depends on how long his term was for and if he was up for re-election this past November.

Melissa Crum Yep. He ran unopposed this November. How convenient.

Prosecutor in Charge of Michael Brown Investigation Running for Re-Election… Robert McCulloch, the prosecuting attorney for St. Louis…REASON.COM

Melissa Crum I was upset yesterday but I’m damn near fuming today. DAMN!

Moyah:   With all the controversy surrounding the prosecutor….I think it may have been a wiser decision if the Governor had brought in a special prosecutor…

Melissa Crum So whether or not to bring in a special prosecutor is determined by the governor only? And only considered based on his judgement call? Also, is this the closest thing to a recusing (??) process?

Melissa Crum And thank you Moyah and Jocelyn for being so willing to answer my questions!!! # ItsGoodToKnowLawyers

Moyah:   Yes, I believe it’s at the sole discretion of the governor (don’t quote me though lol).

Melissa Crum So could they move forward with a civil case and hire their own lawyer or are grand jury decisions final?

Melissa Crum Nyron or Kalitha maybe you know this (??) Even though McCulloch ran unopposed that doesn’t mean he automatically wins right? He still has to acquire a certain amount of votes?

Moyah:  They can move on and hire a civil attorney and proceed, which is exactly what they did in the Simpson case.

Melissa Crum ^that’s what I was thinking. They won their civil case right? But that also means the Brown family needs the resources to hire a good lawyer… Now class… access to resources determines justice at this point… sigh

Moyah :  They did.

Nyron :  Melissa Crum, he received 95% of the vote, so no threshold necessary to consider.

Melissa Crum : Nyron: Ok, so what if he ran unopposed and no one voted for him or maybe 40%. Would he still win?

Nyron:  Yes, most likely.

Melissa Crum O_O… sigh. DAMN!

Ashlee:   Good questions Melissa Crum

Ashanti:   Yay for Melissa Crum for asking the right questions. This is a lot more complex than we all initially realized.

Danielle:  Well this has been revealing. Thanks.

Melissa Crum Oluwaseun, Carmichael, Brown,  Ivory, Chris or others, do you know if a grand jury’s decision NOT to indict determines whether or not a case can proceed to civil court or does it only affect criminal court?

Brandi:    Thanks Missy for asking some great questions and for the feedback from those with the knowledge! This is how we grow…empower one another with knowledge!

Nyron :  It only affects criminal proceedings. You can sue almost anyone, so long as its for more than, I think, $20. In this case, they would likely sue the Ferguson police department, not Wilson himself.

Melissa Crum Nyron, is there ANY way people could NOT gotten McCulloch re-elected other than trying to get another candidate on the ticket?

Ivory: Melissa Crum well, what good would civil do?

Trevor:   It only affects the criminal proceedings! They can very much so move forward with a civil case!

Felicia:   These questions and answers should be posted for a wider audience. For a better understanding of the political and legal process. And why every vote really does matter. We’re going to be in this political shakedown for many years now.

Brown: Not at all Melissa. The family hired Parks & Crump… They will be getting paid.

Nyron:  Short of him not running, and folks not voting for him, no.

Trevor:  I read all the comments and I think the ladies answered everything to the T! Special prosecutors are on governor’s orders. This is by far the strangest grand jury proceeding I’ve heard of. You’re typically seeking an indictment and this was clearly a criminal trial in grand jury posture in my opinion.

Melissa Crum : Thanks Trevor and Brown! Brown, do you know anything about this firm?  Nyron, so he would have to get absolutely NO votes to lose since he was running unopposed?

Brown: Additionally, civil lawsuits seek to punish for civil liability, not criminal liability. I can imagine that they will cast the net wide- Ferguson PD, city of Ferguson, HOA for the community, insurance co for market, co. responsible for Ferguson PD protocol and procedures, etc. Most of these will prob settle before a lawsuit is even filed though.

Trevor:   Parks & Crump are a very talented and well respected firm. The also represented the family of Trayvon Martin. Benjamin Crump in my opinion his making his way to being compared to the civil version of Johnny Cochran.

Brown: Yes Melissa. They are the big kahunas here in Fla. Started out in Tallahassee, got some big verdicts with the tobacco cases, Trayvon Martin’s parents Atty.

Trevor :  I believe he branched off from Willie Gary down in Stuart, FL, who is a brilliant attorney!

Nyron :  Basically, though even that would be an unlikely prospect.

Oluwaseun :  the civil suit is just about money damages….and unfortunately, even though the grand jury’s determination isnt supposed to weigh in, it often does. Furthermore like chris said, a civil suit solves nothing. We needed a criminal trial because that is how we condemn behavior as a society and establish precedent for the next time this thing happens (which it will).

Brown Oluwasen- Youre right but sadly, its the only way many of these families see “justice.” This is why there has not and probably will not ever be a collective stance on these issues or any real change effectuated. Money talks and money walks. It has the power to quelch the “public” anger of those most closely effected by these instances and causes them to change their cry for REFORM to a cry for victim advocacy and peace. Its the name of the game and it was Jessie and Al’s bread and butter until their financials were revealed. Incite outrage just long enough for the check to clear and then move it right along. At some point, someone will decide this is NOT ok for their families or their people and will determine not to be paid for their silence.

Melissa Crum : Thanks Oluwaseun, Brown and Trevor! I’m not sure if this is the right word, but is there a “recusing” process for prosecutors, similar to judges, if it is believed there is a conflict of interest? I’m thinking because it was known prior to the Mike Brown case that the prosecutor was “pro-police”…

Bar Association Calls On Prosecutor To Recuse Himself From Ferguson Investigation  One of the oldest African-American bar associations in…HUFFINGTONPOST.COM

Melissa Crum ” The Mound City Bar Association is concerned that St. Louis County Prosecuting Attorney Bob McCulloch’s family ties with St. Louis’ police department may impact his ability to conduct an impartial investigation. The prosecutor’s father, mother, brother, uncle and cousin have all worked for the department, and his father was killed while responding to a call involving a black suspect, according to CBS News. “

Melissa Crum So… it sounds like he could only recuse himself?? WTH?

Melissa Crum So.. the governor could have called in a special prosecutor or recused McCulloch but didn’t. Sounds like Missouri needs to remember Jay Nixon during the next election… and not re-elect him or anyone he supports. http://www.cbsnews.com/…/missouri-governor-wont-seek…/

Missouri governor won’t remove prosecutor from Ferguson case Grand jury could begin hearing testimony as soon as…CBSNEWS.COM

Melissa Crum ” Nixon earlier told the St. Louis Post-Dispatch that he would appoint a special prosecutor if McCulloch himself felt he should step aside.”  ” McCullouch has said he has no intentions of leaving the case, but would if Nixon demanded it. REALLY??

Anna:   Those two did a great job of passing the buck, didn’t they?

Managers being brave

By Melissa Crum • 01 Feb, 2024
You’re great at what you do, I am sure of it. But I bet there are som e elements of your job that you struggle with (because you are human after all!). And while I don’t know what those are for you, the one challenge I see over and over again in my workshops is how to manage people. Because most managers are not trained on how to be a “great manager,” they’re promoted to manager because they’re great at what they do, which is an entirely different skill set. Add race to the picture and well, your job just got a whole lot harder ! I’ve got one tip for you… After leading workshops in more than 200+ businesses, organizations, and schools across the country, it’s this: When you dismiss someone, demote someone, or give someone life-changing negative news in the workplace, it should not be the first time they hear the reason why. Workplaces need to have a system in place to give consistent feedback (following inclusive practices) so bosses can talk to employees about their shortcomings and offer training on those areas long before it reaches the critical stage. And that requires bravery. Why? Because it is so much easier to say nothing than to call someone into your office and be transparent about their shortcomings. You will feel a bit awkward, a bit vulnerable in those conversations. And they may not always be very pleasant. But that bravery will help individuals grow, as long as training and helpful support is also offered. And then you’ll have a team that is not only happy but has an enviably low turnover. Because you, are officially an awesome manager! If you’re not a manager and you worry about being on the receiving end of bad news like this in the workplace, I can email you some tips and thoughts to help you in my next post if you like? Let me know! Warm regards, Melissa PS I’d love to know if you have any burning questions that I can help you with… If you’ve got a situation at work that you’d like some DEI advice on, drop me a quick reply now because I’d be happy to address it for you in a future blog post (and I’d keep you 100% anonymous of course!).
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Proximity and Solidarity: Helping Northstar Know the Difference

By Melissa Crum • 22 Jun, 2020
Dear Northstar Cafe, On Jun 15, 2020, The Columbus Dispatch informed us that 50 protesters held a sit-in at your Short North location. It was an opportunity to offer ways Northstar might use its sphere of influence to address police brutality, such as removing your police discount, supporting frontline service workers with a physical tip jar, and requiring company-wide anti-racist training. Because you are my favorite restaurant, I became interested in what you are saying about people who look like me, a Black person. The sit-in protest came after you posted this message on your Instagram page : We stand with the Black community. We stand against police brutality. We stand committed to amplifying the voices of our Black colleagues and working alongside them to dismantle systemic racism in the restaurant industry and in our communities. Your pain, your voices, and your lives matter. Your statement reminded me of the words of Nona Jones , who is a Black woman, pastor and Head of Global Faith Partnerships at Facebook. Jones asked a colleague to explain what was meant when they said they “stand in solidarity” with her. She stated her colleague “made the mistake of confusing proximity with solidarity… Going from proximity to solidarity requires going from feeling to action.” Are you educating yourself for the purpose of mobilizing your influence and resources in the direction of change? In the case of the protestors at Northstar, they were peacefully demanding that you prove that you knew the difference between proximity and solidarity. Although the murder of George Floyd and Breonna Taylor gained national attention and shed light on state-sanctioned violence, the issue of police brutality isn’t new for Columbus. In 1999, the U.S. Justice Department sued the Columbus Police Department , accusing it of a pattern of civil rights abuses that included excessive force, false arrests and improper searches. Twenty years later, a study conducted by an external company found that CPD uses force disproportionately against minorities . If you believe that the request for the permanent dismissal of the police discount is about not allowing police to only spend $7 for a Northstar Burger instead of $14 you are missing the point. I was once asked “if a small percentage of looting rioters discredits the entire movement, then what does a small percentage of bad cops do?” If the issue is ridding CPD of a “few bad apples” then how long are those most impacted by those apples supposed to wait? How do you differentiate community support for “good” vs “bad” police officers who come into your restaurant? The question isn’t the presence of “good” police officers. There are plenty (depending on how you define “good”). What is being asked of you is why are you supporting a law enforcement system that allows the bad apples to thrive? How do you define a “good” officer if the system doesn't require those doing harm to be held accountable? Discounts are your sphere of influence. Keeping them is a way of saying that you are complicit with the law enforcement institution causing harm to your employees, patrons, and fellow human beings, even those who you may never meet. Therefore, you want to make it clear that you do not support an institution that doesn’t seek to protect and serve everyone. The removal of the discount, along with the other demands, asks you to use your sphere of influence. Your influence can demonstrate that until an institution that has proven to be oppressive to Black people fix themselves so that we can know that the “bad apples” are being held accountable for their action, then you are not willing to offer support. This position is important because we don’t know if you are discounting the meals of abusive officers and their enablers. After I posted the June 15th article on my social media, I received numerous messages from Black friends and strangers telling me about their negative and scary experiences working for Northstar and Brassica (both under the same ownership). Companies can't make sincere public statements about standing with Black people when the ones in closest proximity are saying that you are standing on their necks . The statement is not only ironic, its gaslighting. Be honest . Honesty could be that the owners are more interested in profit over people. Or honesty could be acknowledging the harm you’ve caused directly or allowed to happen to your employees who are members of the Black community and those who support us. Accountability is required. That might be beyond what you budgeted for and it will likely be uncomfortable. But whatever you choose to do to actually stand in solidarity won’t include a public statement because you have demonstrated that you have no intent to follow through with actionable steps. So, Northstar, I need you to reflect. I need you to consider and choose to make these shifts. Not only because I don’t want to have to find another restaurant to make my ricotta pancakes and hot cider made with whipped cream of the perfect consistency, but because people shouldn’t have their dehumanization be justified by the goal of sustaining high profit margins. They shouldn’t have to feel like they have to remind their employers of their humanity while they are trying to keep their job to survive.
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