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Michael Brown killing: State police take over riot-hit US town


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<<snip>>

I did ask a legal beagle poster questions based on the discussion at a defense attorney's blog, linked below, questions the defense attorney himself answered. I find, and I'll note this to the legal beagle poster himself, the defense attorney's answers differ in many ways from the posters' answers to the same issues, such as pretrial silence, courtroom testimony etc. It is fact lawyers disagree on the interpretation of law as do judges, so differences should be expected among them.

http://my.firedoglake.com/mason/2014/08/23/ferguson-darren-wilsons-prearrest-silence-may-be-admissible/#more-77076

So it is fact the legal issues before us at this point are to be determined by the lawyers in St Louis county, the state of Missouri, Washington DC. I refer to the prosecutors, the defense attorneys, the civil rights lawyers. We here go back and forth aimlessly and fruitlessly when we try to get in to legal issues in the Brown homicide by the Dirty Harry cop Darren Wilson and the Dirty Harry PDs in Ferguson and St Louis county (and formerly in Jenkins city).

The issues before posters at TFV at this point are not procedural in the legal sense as there is only one known lawyer here and none of us are involved in the case.

The issues before us are why thousands of young black males are shot by police each year, why police in the U.S. shoot so many unarmed black men such as the teenager Michael Brown, why the Dirty Harry FPD and the Dirty Harry SLPD have protected Wilson and withheld information required by the State of Missouri public records disclosure laws in Wilson's homicide against Brown, why the FPD and the SLPD are themselves criminal organizations that perhaps exemplify what legitimate and honest law enforcement authorities in the United States call the Dirty Harry Syndrome / Problem, and what to do about all of the foregoing and still more I haven't mentioned here and now but which are central to the justice system of the United States.

Darren Wilson entered the FPD from a racist Dirty Harry brutal and corrupt police department in nearby Jenkins city that the city council of Jenkins voted 6-1 to disband by firing all the officers to start completely over again to create an honest and capable police force. The Jenkins neighbor city to Ferguson and St Louis country constitutes a documented realization that there are Dirty Harry cops and Dirty Harry police departments in the United States and that both police departments Darren Wilson has been a member of are Dirty Harry police departments. This is central and crucial to Wilson's running chasing blasting his firearm homicide against the backside of the unarmed Michael Brown.

I actually answered your questioned accurately based on legal principles related a discussion of the 5th Amendment.

You linked to a blog that is actually arguing apication if a case based upon assumed facts that may or may not be true and is only applicable where the 5th Amendment is never invoked and a witness testifies at trial. It also makes the incorrect assumption that Wilson never orally communicated his self defense version immediately after the incident and that proper protocol was for St. Louis PD to complete the police report after being assigned the investigation/duty.

Does your log blog guy even have a law license or did he surrender his license 10 years ago? I would not voluntarily surrender my license unless something bad was about to happen. Seems better route is just to pay a couple hundred bucks a year to keep it active or just go inactive status.

All lawyers have opinions, but I would only listen or take advice from one still licensed if it was me.

Yes you did seriously answer the questions I'd posed and had based primarily on the blog to which I'd linked but which had been derived from other legal blogs I've been reading by lawyers who are discussing the legal issues of the Wilson homicide.

For the benefit of those who might not have seen or gone to the link, the linked legal blogger specifically discussed some aspects of whether any testimony by Wilson to the grand jury if Wilson invoked the 5th Amendment could be admissible in a court proceeding. The legal blogger who says he has 30 years experience practicing criminal law said some certain grand jury testimony could be admitted depending on etc etc etc which is an analysis answer that a good lawyer would give rather than the yes or no diagnosis answer a medical doctor could and often does give.

So then, at your going rate for the legal questions you answered for me I'd be looking at some serious damages to my bank account. I say that as I verbally pat you on your back side shoulders for taking the time and serious effort to respond to these particular legal aspects of the case.

Your analysis is helpful and shows that different assumptions can lead to different conclusions in an honest effort to pursue justice in this particular criminal case.

I accept your answers and the brief qualifiers you provide with them. The legal bloggers available online have their own orientation in this case and see the law in various ways that are based on their attitudes, values, politics, mores to include yourself. So I thank you and am grateful for your honest attention to my several questions.

Edited by Publicus
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And now we have the Bloods, the Cripps, MS13 etc. owning the streets and when a brave cop takes one down, they holler "racism" and cry "he was a gentle giant", ignoring the video evidence that proves otherwise. All the time being egged on by their white self-hating, on-a-guilt-trip, liberal apologists and black race-hustlers. Silencing any opposing opinions with cries of 'racist', 'bigot', they've become the new fascists. Wanting to hide and suppress evidence that shows their lies. Desperately they clutch at straws by posting images from half a century ago.

Thankfuly the majority support Officer Wilson.

There has been very little use of the word racism at the thread.

Except for posters who repeatedly say they are accused of racism when they post.

Otherwise there has been almost no use of the word racism here.

The right wing posters thus continue with their fiction and fantasies.

Edited by Publicus
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The officer had time however to take off on foot to chase Brown down the street while blasting multiple shots at the fleeing and unarmed Brown's back side.
We know now Brown was hit by 6 bullets. We still don't know however how many total shots Wilson yanked off at Brown. Maybe it was only six shots. However as you yourself have noted, accuracy in firing a handgun is not great no matter the training and practice by even a police officer. Six hits on only six shots is therefore highly unlikely.
So the bottom line is that Wilson had enough time to stage a running charge down the street and to very likely pull off more than six shots at Brown.

"We" know that the officer was firing while chasing the perp down the street? They were running? Got a link?

Everything I've seen shows that the perp was shot in the front. Even what was probably the final shot into the top of the head would require the perp to be facing the officer and possibly falling. I've seen not one piece of evidence that the perp was shot in the back.

The totally irrelevant issue of how many shots were fired keeps being raised. If the target is moving it's hard to hit.

The officer is trained to keep firing until the threat is neutralized. End of.

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The officer had time however to take off on foot to chase Brown down the street while blasting multiple shots at the fleeing and unarmed Brown's back side.
We know now Brown was hit by 6 bullets. We still don't know however how many total shots Wilson yanked off at Brown. Maybe it was only six shots. However as you yourself have noted, accuracy in firing a handgun is not great no matter the training and practice by even a police officer. Six hits on only six shots is therefore highly unlikely.
So the bottom line is that Wilson had enough time to stage a running charge down the street and to very likely pull off more than six shots at Brown.

"We" know that the officer was firing while chasing the perp down the street? They were running? Got a link?

Everything I've seen shows that the perp was shot in the front. Even what was probably the final shot into the top of the head would require the perp to be facing the officer and possibly falling. I've seen not one piece of evidence that the perp was shot in the back.

The totally irrelevant issue of how many shots were fired keeps being raised. If the target is moving it's hard to hit.

The officer is trained to keep firing until the threat is neutralized. End of.

Brown died down the street from Wilson's police vehicle, according to many reports some 30 feet away.

Brown was described as fleeing, yet I said nothing about Brown being shot in the back, which the autopsy for the family showed did not occur. Brown got the six hits to the front to include the fatal shot in the top of his head. We know this.

Wilson had time from the police car to 30 feet away from it to fire off "multiple" shots. That can include the possibility of more than the six hits to Brown's body especially given you and I know firing a handgun is a tenuous proposition even for a highly trained and practiced professional.

So what are the chances of six hits on six shots of a moving target? Not great, so more shots consume more time than fewer shots and also mean more distance is possible from the car to the point in the road where Brown got the fatal hit and died.

Police homicide.

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CNN reports today the FBI is examining a happenstance recording made very close to the shooting of Michael Brown. The FBI is determining whether the video which records 10 shots being fired by the homicide cop Darren Wilson is authentic.

Most seriously however the independent audio expert who listened to the recording says the 10 shots occurred in two groups separated by a three second pause. There is the first group of 6 shots after which there is a three second pause, followed by 4 more rapid fire shots.

The lawyer for the guy who happened to record the shooting and the independent audio expert each said separately that the three second pause clearly indicates officer Wilson took time to consciously consider what was happening before he decided to resume firing.

It's said Wilson can still claim self-defense but his pausing means he had time to think and to consciously consider possible alternatives to shooting Brown all the more, which further detracts from Wilson's already erratic claims..

The family autopsy showed Brown was hit by six bullets.

This is a homicide by a Dirty Harry cop that was from the start, or quickly became an execution of a fleeing unarmed felony suspect, Michael Brown.

A Dirty Harry cop on a Dirty Harry police force all of which need to be fired starting with the chief of coverups Thomas Jackson. The St Louis county Dirty Harry police department too..

Attorney: New audio reveals pause in gunfire when Michael Brown was shot

"I was very concerned about that pause ... because it's not just the number of gunshots, it's how they're fired," the man's attorney, Lopa Blumenthal, told CNN's Don Lemon. "And that has a huge relevance on how this case might finally end up."

"It's the pause that gives most concern in a police shooting, especially with an unarmed victim, because at this point Mr. Brown is defenseless -- he has no weapon," said Chestnut, who represented the family of Jonathan Ferrell..

http://edition.cnn.com/2014/08/26/us/michael-brown-ferguson-shooting/index.html

The right of the self-defense police officer stops when the threat to the officer stops. The general police policy in the U.S. and in some other places to plug a suspect full of lead has likely led to overkill in the Brown case and I'm confident in many other instances of local police killing unarmed black Americans while they stand hands raised to surrender.

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3 seconds. If true, it could have been the officer pausing to see if the perp was neutralized, and then deciding he wasn't and continuing.

We don't know what happened and we aren't the jury which will be in possession of all of the facts.

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CNN reports today the FBI is examining a happenstance recording made very close to the shooting of Michael Brown. The FBI is determining whether the video which records 10 shots being fired by the homicide cop Darren Wilson is authentic.

Most seriously however the independent audio expert who listened to the recording says the 10 shots occurred in two groups separated by a three second pause. There is the first group of 6 shots after which there is a three second pause, followed by 4 more rapid fire shots.

The lawyer for the guy who happened to record the shooting and the independent audio expert each said separately that the three second pause clearly indicates officer Wilson took time to consciously consider what was happening before he decided to resume firing.

It's said Wilson can still claim self-defense but his pausing means he had time to think and to consciously consider possible alternatives to shooting Brown all the more, which further detracts from Wilson's already erratic claims..

The family autopsy showed Brown was hit by six bullets.

This is a homicide by a Dirty Harry cop that was from the start, or quickly became an execution of a fleeing unarmed felony suspect, Michael Brown.

A Dirty Harry cop on a Dirty Harry police force all of which need to be fired starting with the chief of coverups Thomas Jackson. The St Louis county Dirty Harry police department too..

Attorney: New audio reveals pause in gunfire when Michael Brown was shot

"I was very concerned about that pause ... because it's not just the number of gunshots, it's how they're fired," the man's attorney, Lopa Blumenthal, told CNN's Don Lemon. "And that has a huge relevance on how this case might finally end up."

"It's the pause that gives most concern in a police shooting, especially with an unarmed victim, because at this point Mr. Brown is defenseless -- he has no weapon," said Chestnut, who represented the family of Jonathan Ferrell..

http://edition.cnn.com/2014/08/26/us/michael-brown-ferguson-shooting/index.html

The right of the self-defense police officer stops when the threat to the officer stops. The general police policy in the U.S. and in some other places to plug a suspect full of lead has likely led to overkill in the Brown case and I'm confident in many other instances of local police killing unarmed black Americans while they stand hands raised to surrender.

And these reports, and the comments get more stupid by the day. So, the only possible reason for a pause, is so that the policeman can decide how much more lead he wants to waste? Did it ever occur to them, that the pause may have reflected the pattern of attack? A hesitation, then resumption of the attack? No, that would require some common sense, obviously these people don't have much to begin with.

What pattern of attack by Brown? What attack by Brown?

As we hear the rapid succession of shots on the recording, the unarmed Brown was fleeing. Brown was never armed (and never had a firearms violation).

The wounded Brown would turn around to attack a cop blasting a succession of multiple shots at him? What, is Brown some kind of war hero charging into the onslaught of the enemy barrage of fire? Nobody's buys that concoction of fiction by the ultra-right extreme wingnuts.

The audio expert just said on tv there was a three second pause after 6 shots, two more shots then a lesser pause followed by three more shots. Total number of shots by Wilson 25 feet away from the unarmed Brown to kill him is 10. Six bullets hit Brown, one In the head.

The Dirty Harry cop Wilson of the Dirty Harry Ferguson PD paused twice during his discharge of the 10 shots, showing he had time to think and consider what he was doing. After each of the two pauses Wilson resumed his deadly fire.

Wilson was executing a fleeing unarmed teenager who had stopped running away from the heavily armed Wilson and who was too far away from Wilson to cause any harm to him, and already too wounded to possibly harm anyone. .

A deliberate execution of an unarmed suspect by a Dirty Harry cop.

Police homicide.

Edited by Publicus
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Brown stopped fleeing and 25 to 30 feet away from Wilson turned around.

That's when Wilson shot him dead.

Your post should read-

Brown stopped fleeing and 25 to 30 feet away from Wilson then turned around and, according to reliable witnesses, bull rushed him. ermm.gif

That's when Wilson shot him dead.

Brown unarmed and being shot at rushed Wilson across 25 feet to 30 feet of open road?

Bullshit.

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Brown stopped fleeing and 25 to 30 feet away from Wilson turned around.

More fiction. The investigation has barely begun.

You need to create some original stuff.

Trying to copy what I know and say others are doing is lame.

You're not turning the table.

You're stealing the table.

Which makes you a felon of rhetoric.

A robber of rhetoric.

Hands in the air, now! laugh.png .

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Brown stopped fleeing and 25 to 30 feet away from Wilson turned around.

That's when Wilson shot him dead.

Your post should read-

Brown stopped fleeing and 25 to 30 feet away from Wilson then turned around and, according to reliable witnesses, bull rushed him. ermm.gif

That's when Wilson shot him dead.

And she double-standards continue!

http://theweek.com/article/index/267088/speedreads-why-isnt-the-media-covering-the-killing-of-an-unarmed-white-youth-by-a-black-police-officer

Strange this hasn't been covered by the mass media.

It's a non issue.

Only the prolific and highly financed right wing extreme media care.

And their ultra-right clientele.

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Off-topic, inflammatory posts and replies deleted.

I suggest that the rhetoric be toned down. Some rather sensational and inflammatory language is being used to describe the main players in this thread. Please stop.

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It seems your imagination has conquered all that remains of common sense. It is therefore pointless to discuss anything further with you on this issue.

So you may post your rants as you wish and you will find no contest from me. Troll others for your arguments.

In other words...

If a tree falls in the forest and if nobody is around to hear it, does it make a sound?

I disagree with many things Publicus writes, but on this particular issue I can't possibly see how you can justifiably accuse him of ranting and raving.

Even though I am not American, I am eagerly waiting (as I'm sure the rest of the world is) with anticipation as to why a trained police officer needed to discharge six bullets without any apparent care about where he was aiming merely to restrain an unarmed person.huh.png

In fact I still can't even understand why a less lethal form of weapon was used such as a taser.

<why a trained police officer needed to discharge six bullets>

You've probably been watching too many crime movies. In real life people don't always fall down at the first bullet. The first 5 obviously didn't stop Brown and it took a head shot to bring him down.

< without any apparent care about where he was aiming merely to restrain an unarmed person>

How do you know that he didn't care where he was aiming?

Apparently he didn't have a taser with him.

Edited by thaibeachlovers
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It seems your imagination has conquered all that remains of common sense. It is therefore pointless to discuss anything further with you on this issue.

So you may post your rants as you wish and you will find no contest from me. Troll others for your arguments.

In other words...

If a tree falls in the forest and if nobody is around to hear it, does it make a sound?

I disagree with many things Publicus writes, but on this particular issue I can't possibly see how you can justifiably accuse him of ranting and raving.

Even though I am not American, I am eagerly waiting (as I'm sure the rest of the world is) with anticipation as to why a trained police officer needed to discharge six bullets without any apparent care about where he was aiming merely to restrain an unarmed person. alt=huh.png>

In fact I still can't even understand why a less lethal form of weapon was used such as a taser.

<why a trained police officer needed to discharge six bullets>

You've probably been watching too many crime movies. In real life people don't always fall down at the first bullet. The first 5 obviously didn't stop Brown and it took a head shot to bring him down.

< without any apparent care about where he was aiming merely to restrain an unarmed person>

How do you know that he didn't care where he was aiming?

Apparently he didn't have a taser with him.

Michael Brown didn't play football because it was too rough a sport yet you want everyone to believe Brown charged Wilson across 25 - 30 feet of open road straight into the barrel of Wilson's police firearm which Wilson was firing multiple times and directly into Brown..

That's a whopper that is flat out incredulous. Monty Python couldn't conjure up a funnier one than that.

Wilson almost assuredly was firing as he'd been taught and trained to fire, which is to fire up, i.e., aim for the level of the stomach, then the chest, then the face. Based on the audio, Wilson fired 10 shots so 'firing up' is very likely to have happened. Recall Brown was unarmed and his body apparently fell forward, dead, some 25-30 feet away from Wilson.

That's an execution by the cop.

Who tries using a taser, alone, on a violent 6 foot 5 inch suspect who has already attacked them, if they have a choice?

You can't use a taser on a guy who is 25-30 feet away from you. A guy 25-30 feet away from you can't harm you even if he threw a rock because you'd have plenty of time to step away from the rock hitting anything, you in particular.

Firing 10 shots at an unarmed guy 25-30 feet away from you is target practice. Wilson executed Brown, plain and simple, clear as a bell.

If you were running away from me and unarmed and I started shooting at you from 25-30 feet away you'd probably stop, turn around, put your hands in the air to surrender. If I were a Dirty Harry cop, which Wilson is, I'd fill you full of hot lead missiles. Then you'd be face down dead.

Dirty Harry Wilson is a part of the Dirty Harry Ferguson police force that legitimate and honest law enforcement chiefs, officers, departments, their families, citizens and citizen groups are trying to deal with in the United States. Sticking up for Dirty Harry Wilson puts you on the wrong side of the law and of society.;b++){var>

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Personally I think we need more Dirty Harry cops. The Michael Brown gangbangers of the world need to be shown they don't own the streets. And their unhinged far-left apologists will all cry racism.

be careful what you wish forph34r.png

“Threats to freedom of speech, writing and action, though often trivial in isolation, are cumulative in their effect and, unless checked, lead to a general disrespect for the rights of the citizen.”

George Orwell

Did you ever stop to think your Orwell quote might also be applied to the concept of...innocent until proven guilty in a court of law?

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Brown stopped fleeing and 25 to 30 feet away from Wilson turned around.

That's when Wilson shot him dead.

Your post should read-

Brown stopped fleeing and 25 to 30 feet away from Wilson then turned around and, according to reliable witnesses, bull rushed him. ermm.gif

That's when Wilson shot him dead.

And she double-standards continue!

http://theweek.com/article/index/267088/speedreads-why-isnt-the-media-covering-the-killing-of-an-unarmed-white-youth-by-a-black-police-officer

Strange this hasn't been covered by the mass media.

Yeah; Sharpton & Holder were both on a plane heading for that one before they realised they got the colors the wrong way around.

The people who automatically see problems and issues when black cops kill white guys are on the far out extreme and are devotees of the ultra-right and well financed ideological media that have a marginal and reactionary boutique agenda.

Which is not the vast broad and deep majority of Americans.

The issues of the whacko right have nothing to do with the lives or ordinary everyday Americans.

We're not deaf, we're just ignoring you.

We have real concerns.

Have a good day.

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Until the audio tape reflecting the 10 gun shots is verified by the authorities it is not relevant.

One could record the same thing at any shooting range.

All this proves is some shots were fired, somewhere in the world at some point in time.

It could even be a take-off on politics learned in Chicago. You know...misdirect the sheeple.

The audio tape was made at the scene of the police homicide, at the precise time of the homicide, by happenstance, by a resident of the immediate neighborhood who is described as credible and who is being questioned by the police, examined by the FBI and who would have to present himself to the court as a witness subject to cross examination.

I'd go with that rather than accept a FPD or SLPD Incident Report that makes no mention, account, description of the incident. The FPD would have us believe the "incident" of homicide was fictitious and imaginary.

The audio tape tells us 100 times more than the FPD has said or will say.

If the FBI which is examining the tape says it's a no go than that would be it, wouldn't it.

The tape however gives every indication of being the real thing.

Each day you guys lose more ground when you had very little ground to begin with.

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Brown stopped fleeing and 25 to 30 feet away from Wilson turned around.

That's when Wilson shot him dead.

Your post should read-

Brown stopped fleeing and 25 to 30 feet away from Wilson then turned around and, according to reliable witnesses, bull rushed him. ermm.gif

That's when Wilson shot him dead.

And she double-standards continue!

http://theweek.com/article/index/267088/speedreads-why-isnt-the-media-covering-the-killing-of-an-unarmed-white-youth-by-a-black-police-officer

Strange this hasn't been covered by the mass media.

Yeah; Sharpton & Holder were both on a plane heading for that one before they realised they got the colors the wrong way around.

The people who automatically see problems and issues when black cops kill white guys are on the far out extreme and are devotees of the ultra-right and well financed ideological media that have a marginal and reactionary boutique agenda.

Which is not the vast broad and deep majority of Americans.

The issues of the whacko right have nothing to do with the lives or ordinary everyday Americans.

We're not deaf, we're just ignoring you.

We have real concerns.

Have a good day.

Who said anything about black police officers killing white guys? I have never seen a perdominatly white community rioting, and burning business's down over a black police officer killing a white person. Police, no matter what race they may be, are not running around looking for people to shoot. One person on this site even referred to police as "pigs." Anyone who would refer to police as "pigs" has to be either very immature or are unfortunate enough to have an extremely low cognitive ability.

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The audio tape was made at the scene of the police homicide, at the precise time of the homicide, by happenstance, by a resident of the immediate neighborhood who is described as credible and who is being questioned by the police, examined by the FBI and who would have to present himself to the court as a witness subject to cross examination.

CNN experts think the audio tape is a hoax.

Former LAPD officer David Klinger and CNN law enforcement analyst Tom Fuentes both told CNNs New Day Wednesday morning that the recording the network has been airing that allegedly captured the shots fired at Michael Brown could quite easily be a hoax.

I have no idea [if it's authentic], Klinger said. Ive told your producers that for all I know this is something one of Howard Sterns punk people had been doing. I look at this and my first inclination is someone is trying to punk CNN.

http://www.mediaite.com/tv/cnn-experts-think-audio-of-brown-shooting-is-a-hoax-someones-trying-to-punk-cnn/

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