1.) CASE OF PROBLEMS WITH THE TIMELINE

I have already proffered my confusion with the time line of what occurred on 8/9/2014. Officer Police Darren Wilson first provided information in a police statement on 8/9  (St. Louis County PD Investigative Report # 14-43984 on page 12-13), and then later on his 8/10/2014 police deposition that he was proceeding west on Canfield when he first observed two men walking in the middle of the road as he interacted with them before the “21” announcement recorded by the police dispatcher at 12:02:22, track 369. In any event, I am questioning how he accomplished all that he claims in a few seconds. Michael Brown could have died at 12:03 p.m. as per a bystander who tweeted  that he had just witnessed a man being fatally shot but the PD report # 14-43984, page 1 has the time of death at 12:02 p.m. which could be based on some other collected data.

CNN has reported on 8/28/14, access to an audio track with the background gun shots captured by a local Ferguson resident using his smart phone with glide technology with the analysis by Glide, placing the time of the gun shots at 12:02:14 p.m. The grand jury was notified that the FBI had this audio recording on the day prior to their deliberations but the FBI analysis of this data was not available. The grand jury assistant prosecutors chose not to cross examine Officer Wilson on this timeline issue.

UPDATE 12/7/14 and 12/12/14: The video cam time stamp is almost 11:54 a.m.  on 8/9/14, for the time that Michael Brown was observed to be taking goods from the Ferguson Market which should correlate with time the police dispatcher is making the first announcement about a theft in progress. Officer Wilson had been assigned to a sick baby call at 11:47 a.m. followed up by his call at noon to declare his availability to the police dispatcher.

2.) CASE OF MICHAEL BROWN’S DNA ON OFFICER’S GUN

The grand jury was presented a forensic report proving that Michael Brown’s DNA was found on Officer Wilson’s gun. In Officer’s Brown police deposition on 8/10/2014 he admits that he had no bloody wounds. He did have blood on his hands and clothes transferred from Michael Brown. He was permitted by his supervisor and another detective, to travel to the police station after the shooting. Once at the police division, he was able to wash the blood off his hands and to place the gun in the evidence envelop. He does state for the record that there was blood on the gun which means he is the one who transferred Michael Brown’s DNA on to the gun (St. Louis PD #14-43984, pages 15-16). In Volume III of the transcribed grand jury hearing, pages 25-27 and 42-45, a St. Louis County medical investigator testified that the crime lab could not do both the fingerprint and the DNA testing; therefore the consensus was to test for DNA.

3.) CASE OF GUN NEVER BEING FINGERPRINTED

There are those excusing not fingerprinting the gun because Officer Wilson  alleged that Michael Brown covered the officer’s hand while he was struggling for the gun. Within the St. Louis County Police Department Investigative Report # 14-43984 on page 14, one can read the police statement that Police Officer Darren Wilson provided post trauma unit visit on 8/9/2014.  He states, “Brown’s hand was large enough to encompass the top of the slide, a large portion of the hand grips and the trigger guard. It would have provided and important piece of the puzzle if Michael Brown’s fingerprints were on the gun and even more useful if a fingerprint test would have shown no fingerprints.

4.) CASE OF OFFICER’S LACK OF WOUNDS AFTER BEING HIT WITH CLOSED FISTS

Police Officer Darren Wilson claimed on his 8/9/2014 statement to police (St. Louis County Police Department Investigative Report # 14-43984 on page 14) after being released from the hospital trauma unit that he was hit several times with closed fists by Michael Brown. During the 8/10/2014, police deposition, he says that he was hit several times but two times with a closed fist. The photo of Officer Wilson’s injuries, sustained on 8/9/2014 shows a slight facial  bruise on his right cheek which is inconsistent with his claim of being hit at least a couple times with a closed fist by a big, strong man who was 6 feet 5 inches tall and weighed 289 lbs., as per the autopsy report.

5.) CASE OF THE GRAND JURY BEING PRESENTED WITH THE INCORRECT LAW TO USE AS A GUIDE

As per raw story.com posting on 12/4/2014 by Arturo Garcia who blogged that Lawrence O’Donnell on the MSNBC show, “The Last Word,” states that his research of all the public data definitely proves that the grand jury was initially given the Missouri statute as the legal basis for them to use in arriving to a final determination. This statute allows the police officer with a gun to pursue a fleeing suspect and it has been used to justify officers shooting and killing suspects even if they were not in harm’s way.

The blog’s author writes, “But, O’Donnell said at the time, Alizadeh glossed over a 1985 Supreme Court (Tennessee v Garner) ruling rendering such statutes unconstitutional, telling the grand jury, “As far as you need to know, just don’t worry about that.” Alizadeh only informed the jury of the discrepancy the day before the grand jury deliberations began. On 12/3/2014 O’Donnell also reported that the district attorney’s office would not say how many times Alizadeh or any member of its team had made a similar error before a grand jury.”

6.) CASE OF THE MISSING SHELL CASINGS

The crime scene investigator’s grand jury testimony found in the  “Transcribed Witness Testimony Journal,” volume 2, pages 151- 181,   explains how he found 10 shell casings but then he had to devote lots of time searching for the two missing shells because 12 shots were expended by Officer Wilson’s gun. Eventually, he and two others located the missing shells casings and dug them up on a grassy knoll area, a little further east of the crime scene than where the other 10 shell casings were found. Is it feasible that the physical evidence could possibly support those grand jury eye witnesses who stated that Michael Brown and Dorian Johnson were running away in an easterly direction and that Officer Wilson was pursuing them by foot while shooting in their direction?

7.) CASE OF THE MISSING SHELLS IN OFFICER’S SUV

The crime scene investigator reported during his time as a grand jury witness that he had thoroughly searched Officer Wilson’s SUV for any missing shell casings or projectiles and found neither. Later, at the garage, as per police report 14-143984, a detective discovered a bullet in the armrest on the driver’s side door. The numbers don’t add up. If the crime scene investigator on 8/9/14 collected 12 shell casings and Officer Wilson claims he checked his gun before submitting it into evidence and noted that 12 bullets were discharged, then where does the extra bullet fit into this picture. The crime scene investigator during his grand jury testimony did volunteer that another detective at a later date located a projectile around the front driver’s door/ window area. In short, with Michael Brown’s DNA having been transferred to the gun by Officer Wilson, himself and with no fingerprint evidence, there is no definitive proof that Michael Brown reached into the SUV in an attempt to wrestle the gun away from Officer Wilson.

8.) CASE OF THE RAISED ARMS 

Of all the many eye witnesses who testified at the grand jury hearing, and who were questioned about Michael Brown’s raised hands, there was only witness 10 who backed up 100% Officer Darren Wilson’s story. The vast majority of the credible eye witnesses have testified that Michael Brown’s hands were raised at shoulder level for at least some of the time with the exception of Witness 10 and Police officer Darren Wilson. The prosecutor presented him to be a credible witness who happened to be working outside when he was in a position to observe the entire interaction between Michael Brown and Officer Wilson. He states for the record at the grand jury setting that he was about 50 to 75 yards away when he first saw the two men walking in the middle of the road. As per Lawrence O’Donnell who has already been focusing and doing his own research regarding the credibility of Witness 10, this same witness in his original statement to the police on 8/11, indicated that he was about 100 yards away with the two men traveling behind him on the same sidewalk where Witness 10 was positioned. Witness 10 also states that Michael Brown was inside the police SUV for 10 seconds during the 8/11 police interview but in the grand jury setting, he said Michael Brown was leaning with his upper body inside the SUV. During both the 8/11 interview and at the grand jury hearing he volunteered that the Monte Carlo located at the crime scene was blue when everyone else describes the color as white.Witness 10 was never cross examined by the assistant prosecutors as to these contradictions.

In addition, I find Witness 10’s credibility questionable when there was another white, non resident contractor who was also doing tasks outside with a full view of all the activities as Michael Brown started running east with Officer Wilson in pursuit. He testified that Officer Wilson fired shots at Michael Brown while he was fleeing eastward and that Michael Brown did have his hands raised at shoulder level before he was fatally shot. Again, there is the common sense question, “is it easier to believe that Michael Brown turned around to face officer Wilson after a shot was fired behind him or that he voluntarily turned around after he was successfully fleeing from someone who just shot him?”

9.) CASE OF NO PHYSICAL EVIDENCE TO SUPPORT WITNESS TESTIMONY THAT MICHAEL BROWN COULD HAVE BEEN SHOT IN BACK OR HAD HIS ARMS RAISED

In the autopsy report by the St. Louis County Office of Medical Examiner, Exam Case # 2014-5143, on pages 3-4, the medical examiner lists the following gun shot injuries sustained by Michael Brown on 8/9/2014.

6.) There is a gunshot entrance wound of the upper ventral right arm.

7.) There is a gunshot exit wound of the upper dorsal right arm.

8.) There is a gun shot entrance wound of the dorsal right fore arm.

9.) There is a gun shot exit wound of ventral right fore arm.

10.) There is a tangential (graze) gun shot wound of the right bicep.

Is it not possible that Michael Brown incurred the grazed wound to his right bicep and the entrance wound of the upper ventral arm as his arms were raised? Is it not feasible that when he suffered the entrance wound of the dorsal right fore arm and the exit wound of the upper dorsal right arm, he could have been running away, which could account for Dorian Johnson’s being convinced that his friend was shot in the back?

10.) CASE OF TOO MANY EYEWITNESSES

Typically both prosecutors and defense attorneys vet eye witnesses for credibility because they want to win their cases. Consequently, they will bar eye witnesses from sitting in the witness stand if they discover that their potential witnesses were never at the scene of the crime or that they were not in a position to observe anything that happened. Prosecutor Robert McCulloch invited all witnesses who wished to testify to participate as eye witnesses in front of the grand jurors without any vetting which made it easy for him to explain to the media and the public that there were too many confusing and contradictory eye witness accounts, so that the grand jury had no option but to not render an indictment against Police Officer Darren Wilson. This outcome was very predictable by Prosecutor McCulloch.

The eye witnesses who verified Police Officer Darren Wilson’s tale were not seriously cross examined but those whose accounts differed were subject to vigorous cross examination. There was no vetting out those eye witnesses who were not present at the crime scene and who did not see anything to avoid confusing the jurors with extraneous, and obviously erroneous statements. This shows that the intent of the prosecutors was to direst a play that portrays their actions as being impartial and above board while accomplishing their goal of having the jurors grant them their wish of no charges against Police Officer, Darren Wilson.

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Darren Wilson’s radio calls show fatal encounter was brief … http://www.stltoday.com › … › Special Features

St. Louis Post‑Dispatch Glide confirms time of “gunshots” recording in Ferguson, MO …

Audio captured at time of Michael Brown … – CNN.com www.cnn.com/2014/08/28/…/michael-brown-ferguson-shooting-….CNN Aug 28, 2014 – The hottest apps in tech … The revelation from Glide appears to bolster a man’s claim that he inadvertently recorded audio of … Brown, who was unarmed, was shot by Ferguson police officer Darren Wilson shortly after noon.