DA Never Gave Grand Jury the Option of Indicting Cops for Murder

Notoriously corrupt, convicted ex-judge Sol Wachsler once said that he could get a grand jury to indict a ham sandwich, if that’s what the powers that be wanted the DA to do.

But as the case of Breonna Taylor shows, DA’s really, really don’t like indicting cops. As you can see by reading these details in Salon:

==========

Breonna Taylor case grand juror: We weren’t given the option of indicting the two cops who shot her

Grand juror said AG Daniel Cameron misrepresented the deliberations. Cameron agreed to release grand jury recording

IGOR DERYSH

SEPTEMBER 29, 2020 3:25PM (UTC)

Kentucky Attorney General Daniel Cameron said he would comply with a judge’s order to release the grand jury recording in the Breonna Taylor case after a grand juror alleged that Cameron had misrepresented the deliberations.

The juror filed a motion calling for the release of the transcripts on Monday so that “the truth may prevail.”

“The Grand Jury is meant to be a secretive body. It’s apparent that the public interest in this case isn’t going to allow that to happen,” a spokesperson for Cameron said in a statement. Despite the concerns over the release, the attorney general’s office said it would comply with the order to release the recording on Wednesday in response to the juror’s complaint.

An attorney for the juror told The New York Times that Cameron “misrepresented” the deliberations and “failed to offer the panel the option of indicting the two officers who fatally shot the young woman.”

The attorney general’s office said it is “confident” in the case they presented but acknowledged that jurors were not given the option of indicting Sgt. Jonathan Mattingly and Det. Myles Cosgrove in Taylor’s shooting.

“The evidence supported that Sergeant Mattingly and Detective Cosgrove were justified in their use of force after having been fired upon by Kenneth Walker,” Taylor’s boyfriend, the statement said. “For that reason, the only charge recommended was wanton endangerment.”

Former Det. Brett Hankison, the lone officer fired after the shooting, was indicted on three counts of wanton endangerment after some of the bullets he “blindly” fired into Taylor’s home struck a wall adjoining her neighbors’ apartment. None of the three officers who fired their weapons were charged in Taylor’s death, even though the city of Louisville agreed to pay Taylor’s family $12 million to settle a wrongful death lawsuit.

Hankison pleaded not guilty on Monday.

Kevin Glogower, the juror’s lawyer, told the Times that the juror approached him after Cameron claimed during a news conference that state law prevented him from charging Mattingly and Cosgrove.

“While there are six possible homicide charges under Kentucky law, these charges are not applicable to the facts before us because our investigation showed — and the grand jury agreed — that Mattingly and Cosgrove were justified in the return of deadly fire after having been fired upon,” Cameron said during the news conference last week.

Glogower told the outlet that the juror was “unsettled” by the fact that they were only presented with possible charges for Hankison. He said in the petition that it was “patently unjust” that Cameron “attempted to make it very clear that the grand jury alone made the decision.”

“Using the grand jurors as a shield to deflect accountability and responsibility for these decisions only sows more seeds of doubt in the process while leaving a cold chill down the spines of future grand jurors,” the petition said.

According to Walker, the lawsuit filed by Taylor’s family, and more than a dozen neighbors, the officers serving a “no knock” search warrant, part of a narcotics investigation targeting Taylor’s ex-boyfriend Jamarcus Glover, did not announce themselves. Cameron claimed at the news conference that a lone witness corroborated the officers’ statement that they made an announcement, arguing that it was not a “no knock” warrant.

Walker opened fire on the officers, claiming he believed someone was breaking in. Mattingly and Cosgrove returned fire, hitting Taylor six times. An FBI analysis determined that Cosgrove fired the fatal shot. Hankison ran into a parking lot and shot into Taylor’s home through a sliding door and bedroom window, resulting in charges against him. Unlike the other officers, he was not shot at by Walker.

Cameron claimed at the news conference that ballistics showed that the bullet that struck Mattingly during the gunfire was Walker’s. But Vice News reported last week that the initial ballistics report did not prove the bullet was Walker’s and found that “due to limited markings of comparative value, [the bullet] was neither identified nor eliminated as having been fired from” Walker’s gun.

Vice News also published a video of body camera footage showing Hankison entering Taylor’s apartment as investigators were working the scene in an apparent violation of department protocol.

Ben Crump, an attorney for Taylor’s family, called the grand jury process a “sham proceeding that did nothing to give Breonna Taylor a voice.”

“I never had faith in Daniel Cameron to begin with,” Taylor’s mother, Tamika Palmer, said after the decision. “I was reassured Wednesday of why I have no faith in the legal system, in the police, in the law. They are not made to protect us Black and brown people.”

IGOR DERYSH

Igor Derysh is a staff writer at Salon. His work has also appeared in the Los Angeles Times, Chicago Tribune, Boston Herald and Baltimore Sun.

Tips/Email: iderysh@salon.com Twitter: @IgorDerysh

Police, Discipline, and Zero Tolerance in Urban Classrooms

Have you ever thought about whether police in school hallways is a good idea or not?

I strongly recommend this review by James Boutin , a former DCPS teacher, about a book on just this topic. I won’t pretend that I handled interactions regarding student discipline well in every case. But things are getting even worse these days in the poorer schools with browner student populations. Teachers find that they lose their authority to police officers and security guards, and that incidents that used to be handled inside the school system now become judicial matters; as a result, many kids end up with a criminal record for defying authority in the only way that they know how to do it. For example: wearing hats inside the building.

A quote from James’ review:

Consider a brief example (Police in the Hallways provides many more). Nolan notes that students identify their apparel as fundamental to their self-expression of identity. (One student compares the DOE requirement that no hats be worn in school to requiring adults to walk around with no shoes.) Those who disobey this policy (one that Nolan feels has little reasoning to justify it) by wearing hats are simultaneously engaging in an act of self-expression AND opposition to institutional rules they view as illegitimate. Furthermore, by refusing to remove one’s hat for a teacher or security agent, students potentially gain favor with peers for proving that they’re not “a punk” AND continuing to resist illegitimate authority. Thus students can carve out a modicum of control in an institution that constantly attempts to deprive them of it.

Highly punitive zero tolerance policies and students’ reactions to them have had the effect of repositioning some schools as institutions of control rather than learning, and the impact is disproportionately harmful for poor and minority school children. Nolan writes, “It is a moral outrage that we would take such punitive stand in matters of urban school discipline when so little is offered to urban schools.” Rather than relying on increasingly harsh consequences as our only recourse for students in schools who don’t conform to our expectations, Nolan calls for a reevaluation both of the policies we impose on low-income schools and also of our responses when students and communities resist them. Importantly, such a reevaluation must be done in light of a nuanced and holistic understanding of the challenges people living in urban poverty in the United States in the early 21st century are facing – e.g. lack of available legal employment, the influence of drugs and gangs, and the highly transient nature of families who live there.

It reminds me of two other books that I am also reading: Slavery By Another Name, and The New Jim Crow. More on those later, but I strongly recommend both of those books, too.

Published in: on July 29, 2012 at 8:47 pm  Leave a Comment  
Tags: , , ,
%d bloggers like this: