Sunday, December 21, 2014

Fergson and Micheal Brown: Did Anyone, to include Brown's Attorney, ever take the Time to READ the Case Law Regarding Use of Force? PART I

It is really sad to see that when, even a very cursory read of the Court decisions for the past several years, anyone who is not legally trained would be able to see and truly understand that actions taken by law enforcement in both New York City and in Ferguson Missouri were totally within the legal norms and parameters outlined by the laws, legal system and major Supreme Court decisions.

The word justice has been bantered about without any realistic understanding of its actual meaning. The word justice is being used by a group of individuals who have expressed that as long as the decision they wanted to have made as an outcome to two separate grand juries in two different states were what they wanted then they would have been satisfied that justice had been done. That, I am sorry to inform these individuals to include the attorney for the Brown family, is not what we call or is known as justice in the Untied States of America.

They also continuously criticized the State Attorney for providing so much information and documents to the grand jury for them to make an informed decision. If the State Attorney had not provided all of the documentation they did to the grand jury it is a very good bet that these same people, to include the attorney for the Brown's, would have made the comment that the grand jury was not provided with all of the information they should have been provided with to make an informed decision.

In my 39 years of being in the field of law enforcement, and a former prosecutor, I have never heard of a case where there were 3 autopsies performed in one case and still have individuals involved in the case not be satisfied with the results because the results from all the autopsies did not support their emotional, illogical and non-legal position they have taken 

The individuals in the Brown camp still are not satisfied with the mounds of proof, to include the video of Brown committing a strong armed robbery and bullying of the store own some 9 minutes prior to being spoken to by the Ferguson officer and the blood and physical evidence provided from the in depth investigation conducted by the officials in Ferguson. The attorney for the Brown family also acted in a way that he facilitated the questioning of the results of testimony officially on the record provided by eye witnesses to include the recanting of prior incorrect statements by witnesses and admissions of out right lying to police at the onset of the investigation.

In case the supporters and Brown's attorney are not aware of the case law that exists concerning the actions of Brown and his trustworthy companion in crime I would suggest that they take some time to read the cases and then they will see that the officer's actions in Ferguson and New York met the exact criteria rising to the level of reasonable suspicion for a stop and frisk which never did develop due to the aggressive behavior of Brown which was verified by witnesses and forensic evidence; which of course did not satisfy the definition of the Brown family, their supporters and their attorney, who should know better being a licensed criminal attorney. The actions of the officers in New York also met the requirements of state law and Supreme Court decisions notwithstanding the results of the grand jury not meeting the self created definition of Justice created by the Brown family and their attorney and the individuals in New York who wanted a true bill indictment against the officer.

In the next part of this commentary, addressing the legality of the actions of the officers in Ferguson and New York, there will be a presentation and a discussion of the various Court decisions supporting the actions of law enforcement in these incidents and also supporting the valid and legal decisions of the two different grand juries in two different states.

Dr. Barone, Esq.