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Ever hear of Kathy?
Kathy Alizadeh is the Assistant Prosecuting Attorney who handled the evidence presented to the Wilson Grand Jury. At the beginning of the deliberations she handed out copies of the Missouri statue that covers the conditions under which a police officer can use deadly force for the juror's to consider. (The statute is very favorable to the police and to Wilson.) Turns out the statute she handed out for the juror's benefit was written in 1979 and had been declared unconstitutional by the US Supreme Court in 1985. She didn't bother correcting this "error" until near the end of the deliberations when she handed out the "correct" statute. She allowed the jurors to listen to all the testimony and evidence using the 1979 statute as a guide for how police can respond. Here is what she told the jurors: “Previously in the very beginning of this process I printed out a statute for you that was, the statute in Missouri for the use of force to affect an arrest. So if you all want to get those out. What we have discovered and we have been going along with this, doing our research, is that the statute in the state of Missouri does not comply with the case law. This doesn’t sound probably unfamiliar with you that the law is codified in the written form in the books and they’re called statutes, but courts interpret those statutes. And so the statute for the use of force to affect an arrest in the state of Missouri does not comply with Missouri supreme, I’m sorry, United States supreme court cases. So the statue I gave you, if you want to fold that in half just so that you know don’t necessarily rely on that because there is a portion of that that doesn’t comply with the law.” She never explained to the jurors what the differences were in the two documents. A juror asked if a Federal Court finding overrules the original State statute. Alizadeh's response to the juror's question: “As far as you need to know, just don’t worry about that.” |
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