Simpich writes: "Tim McGinty accused the Rice family this week of having 'their own economic motives' in calling for the officers who killed their son to face criminal charges? Why would a prosecutor say such a terrible thing? Because the family has called for McGinty to step down and hand the file over to an independent prosecutor. With good reason."
Tomiko Shine holds up a picture of Tamir Rice, the 12-year-old boy fatally shot on 22 November by a police officer, during a protest in response to a grand jury's decision in Ferguson, Missouri. (photo: Jose Luis Magana/AP)
15 November 15
any Americans know about Tamir Rice, the twelve-year-old boy who was shot two seconds after Cleveland officers stopped their cruiser by his playground. As Tamir bled to death, neither officer provided first aid or CPR. Two Cleveland police supervisors have been disciplined for the negligent hiring of the officer who fired the shots.
But how many people know that prosecutor Tim McGinty accused the Rice family this week of having “their own economic motives” in calling for the officers who killed their son to face criminal charges?
Why would a prosecutor say such a terrible thing? Because the family has called for McGinty to step down and hand the file over to an independent prosecutor. With good reason.
As of this writing, almost a year after the young boy’s death, McGinty has just begun providing evidence to a county grand jury about whether the two police officers involved in the shooting should be charged. McGinty chose two experts. Both of them wrote reports claiming that the police officers had acted within the law.
A grand jury is billed as a secret proceeding to provide protection to the prosecutor and the jurors. Prosecutors control what evidence grand juries see and who testifies before them. Usually, this means that a grand jury will indict a “ham sandwich.” The exception is in police cases, where police are seldom indicted. In a big step forward this August, California became the first state to bar the use of grand juries in police shooting cases.
Right before the grand jury resumed its work, McGinty released his experts’ reports to the press, on a Saturday night at 8 p.m., during a holiday weekend. The timing prevented the family lawyers from showing that these reports were flawed and why it was inappropriate to provide them.
After this stunt, the grand jury began its deliberations. Leaks from the grand jury began. McGinty admitted at a November 5 political meeting that he knew the source of the leaks but refused to disclose it, even though disclosure of information from a grand jury can constitute a criminal act.
Legal experts could not remember any other time that expert opinions addressing the “ultimate issue” of guilt or innocence had been provided to a grand jury. Furthermore, one of the experts had provided his opinion before he was hired by the prosecutor. The other expert had her pro-police views rejected and discredited by the federal government in another high profile case.
When Cleveland residents learned about these “experts” and that the grand jury was about to begin, many of them went to the Cleveland City Council to express the importance of putting the Rice investigation in better hands. However, there is presently no process for citizens to directly address the council.
That may change – because people spoke out in the time-honored fashion of not asking permission. They stood up, carried photos, and spoke out in the chambers. As seen in the video above, the police attacked one African American protester and stripped him to the waist in the council room. One officer said to another, “Should we turn off the body cameras?”
After the tumult died down, Councilman Zack Reed said, “I don’t like the way they [the protesters] did it, but I support what they did.” No charges were filed.
Three councilmembers have demanded either an indictment or a new prosecutor. In an action virtually without precedent, a judge issued an “advisory opinion” under a rarely-used law. The ruling found probable cause for charges ranging from murder to dereliction of duty.
Due to the secrecy of the grand jury, their deliberations could go on for weeks or even months. The grand jury only meets twice a week. 50,000 people have signed the Color of Change petition for an independent prosecutor.
Bill Simpich is a civil rights attorney who knows that it doesn’t have to be like this, but it will continue unless people speak out against these grand juries. My next article will discuss how a new Supreme Court case means that anti-war activists can be subpoenaed by grand juries for nonviolent action – after all, it might free up someone’s resources to take violent action.
Reader Supported News is the Publication of Origin for this work. Permission to republish is freely granted with credit and a link back to Reader Supported News.
