NYTimes | The
violence on the streets of Ferguson, Mo., abated on Tuesday night, but
hundreds of peaceful protesters continue to gather each day to demand
justice in the case of Michael Brown, the unarmed black teenager who was
shot by a white police officer on Aug. 9. Now it’s up to local and
federal officials to show that they are aggressively pursuing that
demand. They have a long way to go.
Justice
is a process, and it won’t necessarily result in the arrest of Darren
Wilson, the officer who fired the fatal shots, as many of the
demonstrators say they want. Witness accounts differ sharply
on the events leading to the shooting, and it’s impossible to predict
whether the grand jury that began hearing evidence on Wednesday will
indict Mr. Wilson. But those in charge have an obligation to demonstrate
fairness at every step, and that means there cannot be even a hint of
bias in the process.
For
that reason, the St. Louis County prosecuting attorney, Robert
McCulloch, needs to step aside or be replaced in this case with a
special prosecutor by Gov. Jay Nixon. Mr. McCulloch’s parents worked for
the St. Louis Police Department, and his father was killed on the job
in 1964 by a black suspect while helping another officer. Last week, he gratuitously criticized Mr. Nixon’s decision to put state police officers in charge of the response to the unrest.
The St. Louis Post-Dispatch reported
that after a shooting in 2000, when two detectives shot two unarmed
black men in the town next to Ferguson, Mr. McCulloch failed to bring
any independent evidence to the grand jury. He claimed that “every
witness” testified that the detectives were defending themselves, but
secret grand jury tapes showed that several witnesses did not do so.
When the grand jury chose not to indict, he said he supported
the decision. That’s why many black elected officials — including
Charlie Dooley, the executive of St. Louis County, where Ferguson is —
have called for a special prosecutor in the Brown case, and more than
70,000 people have signed an online petition to that effect.
The
community will almost certainly reject a decision not to indict Mr.
Wilson if the grand jury is led by Mr. McCulloch, but his office has
already begun presenting evidence to the 12-person jury (which includes
three African-Americans). Mr. McCulloch said Wednesday that the governor
should “man up”
and make a decision about who will conduct the prosecution before it
proceeds too far. Despite the widespread pleas that he should do so, Mr.
Nixon has said he does not intend to replace Mr. McCulloch.
The
prosecutor and local police departments have shown a disdain for the
public with their reluctance to release the evidence they have. For the
better part of a week, they refused to release Mr. Wilson’s name or
record, and they would not release the 911 tapes or full details of the
county autopsy report. The Brown family commissioned its own autopsy,
and Attorney General Eric Holder Jr. ordered a federal autopsy.
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