Tuesday, September 30, 2014

Ferguson Officer Wilson a no-show in separate drug case claiming excessive force

Ferguson police officer Darren Wilson, the selfsame Officer Wilson who unceremoniously shot down and killed unarmed 18-year-old Michael Brown this year, did not show up for  a scheduled court appearance in a separate incident this week.

It was an illegal drug case in which Wilson was the arresting officer last February. 
In fact, all half-dozen of Wilson's cases wherein he is the arresting or investigating officer have been placed on hold – except for the drug case against one Christopher Brooks (pictured above courtesy of USA Today). 

This particular case seems to have slipped through the legal cracks. Indeed, a grand jury (separate from the Michael Brown grand jury) has been tasked to review the case against Christoper Brooks. 

As per USA Today, a judge approved a request by prosecutors Monday to refer Brooks' case to a St. Louis County grand jury. However, Ed Magee, a spokesman for Prosecuting Attorney Robert McCulloch (the same prosecutor “prosecuting” the case against Wilson in the Brown matter) later said that the Brooks case (as well as all cases involving Wilson) is "on hold" until the Brown matter is resolved. 

Interestingly, Magee called this grand jury referral and delay of pending cases involving Wilson “standard procedure."  That is,  when police officers are not immediately available to testify in court, they are given an automatic, no-questions-asked, benefit of doubt because...well...just because.  

This is particularly interesting because when defendants are “not available” or fail to show up in court -- for whatever reason -- their cases are never deferred, delayed or put “on hold.” Warrants for their arrest on sight are immediately issued; and when found, they are placed firmly behind bars – and without bail until a judge deigns to grant them a hearing.  That indeed is what would have happened to Christoper Brooks had he not been in court for his preliminary hearing, doncha know.  

As for the instant case, Christopher Brooks' attorney Nick Zotos alleges that award-winning Officer Wilson "roughed up" his client when Brooks refused to hand over the keys to a locked car parked in his grandmother's driveway. After the “roughing up” of Brooks and the forcible taking of his keys, Wilson and his fellow officers say that they found drug paraphernalia and several ounces of marijuana in the vehicle.

Zotos wants the charges against his client dismissed for two reasons: 1) The arresting officer did not show up in court for the preliminary hearing which is where the charges are made and the judge determines their validity; and 2): "Wilson is compromised as a witness," said Zotos. 

That's putting it mildly. It may the understatement of the year. 

Apparently, it was the judge who moved the case to the grand jury, a motion opposed the by McCulloch's office. And, it is not clear whether Brooks made the allegation against Wilson before or after Brown was killed.

As has been widely reported, Officer Wilson was given a police award last year. But, did you know that that award was proffered for his actions in this very case – the one wherein he now refuses to appear in court?

James P. Towey is general counsel for the Missouri Fraternal Order of Police and a former general counsel for the St. Louis Police Officers Association. As such, he may be considered an apologist...er advocate...for all police and especially for Wilson during this “difficult” period. Towey allows, for example, that Wilson may be willing to publicly discuss this, the Brown, and any other case in the future.

Obviously, however, if Wilson is ever charged, let alone convicted, of any wrongdoing in any of his pending cases, I'm betting that he will remain closed-mouth. And, of course, Towey would not reveal the whereabouts of Wilson, who has remained in hiding since his shooting to death of Michael Brown last August 9. 

As to Wilson's award, Zotos was not impressed: 

"We give trophies every day for just showing up," he said after the brief hearing in St. Louis Circuit Court. "If you play on the team, you get a trophy."

As indicated, the judge in the Brooks case, together with the county prosecutor's acquiescence, agreed to move the Brooks drug matter to the grand jury. 

The real question is why. Why must this award-winning cop now suddenly be shielded from public scrutiny? Think about it. There are now two grand juries sitting in judgment of this one Ferguson police officer. The secrecy of grand jury proceedings means that Wilson will not have to testify in “open” court; that his testimony will never have to be revealed; that the case against him will never have to be made public. 

Obviously and clearly, the fix is in for Officer Darren Wilson. He is in an undisclosed location, still getting paid, still empowered with badge and gun and authority. Both of these grand juries, will come back – whenever they decide to come back – with verdicts of “no bill” – no wrongdoing in either case against Officer Darren Wilson. 

References
http://www.cbc.ca/news/world/darren-wilson-ferguson-police-officer-no-show-for-court-testimony-1.2782152
http://gawker.com/darren-wilson-no-show-threatens-to-derail-year-old-drug-1640793206
http://www.usatoday.com/story/news/nation/2014/09/30/cases-involving-ferguson-police-officer-on-hold/16466333/?utm_source=feedblitz&utm_medium=FeedBlitzRss&utm_campaign=usatoday-newstopstories
http://blacklikemoi.com/2014/09/darren-wilson-show-court-hes-accused-manhandling-suspect/