The Ferguson Police Have a Card up Their Sleeve

By Bill Simpich, Reader Supported News

19 August 14

he Ferguson Police Department has a plan for how to improve their image to a world stunned by the unfolding story of the shooting of Michael Brown: Make their new boss from the state highway patrol look bad. Make Michael Brown look bad. Make the protesters look bad. Make the entire Ferguson community look bad.

This Schadenfreude strategy was rolled out after the Ferguson police were ordered to step down as the lead agency in the field. Schadenfreude is what Germans say when they see someone taking pleasure in the sorrow of others.

Replacing a government actor when there is a “conflict of interest” is routinely done in the courts. When the district attorney’s office has a conflict of interest, they are “recused” and replaced by the state attorney general. When the Department of Justice has a conflict of interest, a special prosecutor is appointed. It’s unrealistic to expect the police to conduct themselves properly when civil unrest is caused by the actions of their own officer and their own possible cover-up.

Governor Jay Nixon’s appointment of Captain Ronald Johnson of the Missouri State Troopers as the new chief of operations set a mighty precedent, particularly when the community and the new chief had a love-in on Thursday night at their first encounter.

Holding up a photo of Brown, Johnson said, “This is why we are here.”

One headline read, “In a Stunning Reversal, Police Join Protest.” Captain Johnson, an African American, ordered his forces to put away the camo uniforms, tear gas masks, and armored vehicles. The result was the calming down of a righteously furious community.

This was a moment that could have created a sea change in the national dialogue on police brutality and the call for the de-militarization of law enforcement.

However, the Ferguson Police Department was not willing to be the goat in this drama – at least, not without a fight.

Other allies of the Ferguson police were also hating this moment. The county prosecutor, Bob McCullough, described the governor’s decision to put the state troopers in charge as “disgraceful” and “shameful.” This is the man who will conduct the prosecution if Officer Darren Wilson is indicted by the grand jury.

The Ferguson cops had a card up their sleeve, as Governor Nixon assured their department that they would maintain control over the Brown investigation.

The Brown family attorney and others say that the Ferguson police blindsided the family and Captain Johnson with their Friday morning strategem of releasing a video apparently revealing Michael Brown stealing cigars inside the Ferguson Market minutes before his death. Content of the video had been withheld from the family for six days following Brown’s death on Saturday.

The U.S. Justice Department strongly advised the Ferguson police not to release the video. Captain Johnson confined himself to saying that the information “could have been put out in a different way.” Congressman William Clay was blunt: “They have attempted to taint the investigation ... they are trying to influence a jury pool by the stunt they pulled today.”

Ferguson police chief Thomas Jackson then proceeded to change his story throughout Friday afternoon, going back and forth on whether or not Officer Wilson knew that Brown was a robbery suspect before he shot him. Meanwhile, Jackson refused to release the crucial incident report of Brown’s killing.

Governor Nixon said he had no knowledge that the video was going to be released. He told CBS’s “Face the Nation” Sunday that the video “had an incendiary effect.” “When you see your son gunned down in the street and then you see a police chief begin an attempt to attack his character, that’s just not the way to operate, and we’ve made that clear to everyone,” he said.

Captain Johnson defended the right of protesters to be boisterous on Friday night in exercising their First Amendment rights, while indicating that he disagreed with the release of the video. He commented that a lot of people in the crowd may have committed crimes in the past, but “they’re still standing here.”

After a peaceful Thursday, Friday was initially more positive, even with the rekindled anger in the community. Some cops in riot gear and armored vehicles decided to enflame things again at 11 pm by firing mace and smoke bombs at people who refused to “clear the street.” Tweets at the scene illustrate that the fight was now between the protesters who wanted to keep the peace and those who wanted to loot. Police who had guarded Ferguson’s Market earlier in the night disappeared from the scene, and looting began. When the governor declared a state of emergency on Saturday and imposed a curfew, that increased the tension in the streets even further. The protests in Ferguson and elsewhere are not going to stop at a given hour – or anytime soon.

On Sunday, Governor Nixon blamed the Ferguson police for the renewed violence, telling “Face the Nation” that the release of the Brown video “had an incendiary effect.” He also told prosecutor Bob McCullough to “step up” and “do his job.” The grand jury will finally be empaneled to hear evidence against the officer this week.

Meanwhile, there was a standing ovation for Captain Johnson at the Michael Brown memorial at the Greater Grace Church in Ferguson. During his remarks, Johnson said, “I will protect your right to protest,” and then turned to Brown’s family: “My heart goes out to you. I’m sorry.” This story has just begun.