Saturday, December 05, 2015

under federal case law - overseer lying can't be used to prosecute the lying overseer?

Tribune |  Federal officials also are investigating the shooting. A federal grand jury investigation has involved more than 80 witnesses and branched into possible obstruction of justice by the officers at the scene, sources told the Tribune. In particular, the sources said, federal prosecutors are investigating the officers who made statements as well as the officers who prepared the reports of the statements.

Records show that a federal grand jury subpoenaed the Chicago Police Department for these same reports on Aug. 28.

Bringing charges against the officers for their statements could be difficult, however. Under federal case law, statements the officers were compelled to make as part of the police department's internal investigation cannot be used against them in any criminal prosecution.

The reports state investigators viewed the video and found them consistent with officers' accounts. The reports also note the 911 call after the shooting and radio transmissions from the scene "were consistent with the statements of the police officers."

The city has released information — including the video — in dribs and drabs, prolonging the scandal around McDonald's shooting. It was only after the video's release, in fact, that Emanuel fired Police Superintendent Garry McCarthy, saying McCarthy had lost the public trust.