aside CHALLENGING PHYSICAL EVIDENCE IN 2014 FERGUSON CASE

 

images discharged gun fergRemember, during the grand jury hearing directed by the St. Louis County prosecutors by which Police Officer Darren Wilson could possibly be charged for fatally shooting an African American, unarmed young man on 8/9/14, that not only were there no serious cross examinations of those eye witnesses favoring officer Wilson’s story, but the physical evidence was not challenged and the prosecutor’s expert witnesses were not rigorously cross examined as to reasonable alternative  interpretations of what happened in Ferguson on 8/9/2014 based on the physical evidence.

untitled pres obama fergusonLet’s start with Volume III of the transcribed Witness Journal, pages 25-27 and 42-45. The crime scene investigator testifies that Police Officer Darren Wilson’s gun could not be tested both for fingerprints and DNA material on the gun. Investigators made the choice to test for DNA evidence even though this same expert also testified that Officer Wilson did not have any bloody wounds and that he was permitted to travel from the crime scene to the police department without changing clothes which would be standard for most police departments and that Officer Wilson had blood stains on his clothes. Officer Wilson has stated for the record that there was blood on the gun when he placed it into and evidence envelop himself. For reference, see pages 7- 10 of 8/10/14 deposition (police report 14-43984) between Officer Wilson and a detective from the St. Louis County Police Department, Bureau of Crimes against Persons. These are Officer Wilson’s words, ” I went right to the bathroom and had to wash off…I took my gun out, I made it safe, and I sealed it in an evidence envelop. Um at that point, I believe the blood was from after I fired and he came back to hit me, was from him like me blocking is how I got this, cause I was not cut or bleeding anywhere. I think it was his blood.” Consequently, there should have been someone to figure out that Michael Brown’s DNA would  be on the officer’s gun and in the police SUV mostly because Officer Wilson transferred Michael Brown’s blood unto the gun. The physical evidence was compromised. Consequently, the smart decision  should have been to have the gun checked for fingerprints.

images black girlWe are continuing with studying Volume III of the transcribed Witness Journal, dated 9/9/2014. pages 126 -140. This witness related the fact that Michael Brown did not suffer any injuries to his back torso and buttocks area. The following comments were detailed by the forensic pathologist.

“Number 80. This is same image, still the right bicep, still that tangential graze wound…so this is image 81. On your paper, on the report where I have wound number 6, the specific area of this injury is the upper ventral right arm. So what I’m talking about here is roughly, you know, kind of here in the area of the bicep…You have a gun shot wound here, so it is here the upper part, meaning in between the elbow and the shoulder. The right arm and then dealing with the ventral portion which is the front part of the arm. So, that’s where this wound is…This is an entrance wound. ..So this story now completes that exit wound, that was up here by the kind of fat up in the armpit, that this entrance wound is related to that exit wound… Now I know I have the in, got the out, then I can say what is the trajectory of the body. ..So in this particular situation, this bullet is going slightly upward, instead of backward, and it is going up, meaning that it comes out at as a little higher than where it comes in at.”…It went through soft tissue and then it came out on the back side on the right arm.”

diagram flat dorsal

“This will be 83. We are looking at number 8. It should be dorsal, front of forearm between the wrist and the elbow….This is the front, the dorsal is the back. So, we are dealing with a wound here on the backside of the right forearm and that is right here…I’ve already talked about its associated exit wound which is here on the ventral part of the arm which is medial…So, once again, it is going, this one in this situation is because of the entrance wound in the back side of the body, which the trajectory is now forward…It is coming back to front, so that’s the forward part…So, we have entrance and exit right here on the back.. and the dorsal part to the ventral part, and we just talked about the one that is coming in here on the ventral part of the upper arm and is coming out of the dorsal part of the arm and so, got both taken care of.”

images ferguson love meWe are now reviewing  Volume III of the Witness Journal, dated 9/9/2014, pages 113-120, and this is where the Forensic pathologist declares that the wound Michael Brown incurred on his right hand was sustained at a distance from 6 to 9 inches and it is not a contact wound. The expert can determine  this by  looking for stippling, gunpowder, and soot on the body of someone who has been shot. A wound with no stippling, gun powder and soot, tells the expert that this person was shot from a distance in excess of 3 feet. In this case there was no stippling but some soot on the wound. With a contact gun wound, there would be burns on the hand and more gun powder residue present.

On the St. Louis Police County Investigative Report# 14-43984, pages 182 to 183, the crime scent investigator confirms that no shell casings were found in the police SUV. He does volunteer that there was a projectile discovered later by another detective in the driver’s door area.

CONCLUSION:

The entry wound in the ventral part of the right arm could have been sustained when Michael Brown had his arms raised and this could explain the upward trajectory that the forensic pathologist describes.

imagesWMV2MT5I philly best pixThe entry wound in the dorsal part of the arm which is the arm’s back part could account for Dorian Johnson’s belief that Michael Brown was shot in the back when they were running away.

The 6-9 inches distance as  reported by the forensic pathologist for when Michael Brown was shot in his right hand by Officer Wilson near his SUV does not definitively prove that Michael Brown was going for his gun by reaching into the police SUV.

DNA evidence demonstrating that Michael Brown was in the police SUV and that he grabbed for the Officer’s gun could be simply explained away because Officer Wilson transferred Michel Brown’s DNA, via his blood to the SUV and his gun before he placed the gun into the evidence envelop himself on 8/9/2014.

Maybe we shouldn't have called the police to get Mr. binky out of the tree..
Maybe we shouldn’t have called the police to get Mr. binky out of the tree..

There were no shell casings found inside the police SUV. With the distance of 6-8″  that Michael Brown was shot in his right hand by Officer Wilson when both were near the SUV; and that any DNA discovered within the SUV and on the gun was compromised by Officer Wilson’s own negligent blood transference of Michael Brown’s DNA unto the gun and SUV, thus, there is no physical evidence which definitively proves that  Michael Brown was inside the SUV or even partly inside. There is no concrete proof that Michael Brown attempted to take the officer’s gun. Remember, there was no fingerprint testing of the gun.

untitled bwb pixI am convinced that this is a case that will be see the light of day in a future trial. I have done a sufficient amount of research to be convinced that the FBI and the DOJ will not let go of this case. The FBI interviews with eye witnesses bear no resemblance to how witnesses who supported Officer Wilson’s version of reality were cross examined with kid gloves by the recent grand jury prosecutors. This is a case that if properly handled by Prosecutor Robert McCulloch should have survived the grand jury process so that the facts could have been debated in a criminal trial. I ditto the words of DeRay McKesson who has been featured in a Salon.com article and in the recent Obamacrat.com blog, “I believe that we will win.”

UPDATE 12/11/14: The former St. Louis police officer, ACLU staffer and current NAACP field organizer who chairs the board of the Ethics Project, Reddit (Redditt) Hudson was a guest of Chris Hayes on his MSNBC show, “All In” on 12/10/14. He stated that he was present in a meeting with the Ferguson Police Chief Thomas Jackson, early on after Officer Darren Wilson shot Michael Brown, where the chief proceeded to use the”N” word frequently and he specifically mentioned that the Police Officer Darren Wilson was not aware of the Ferguson Market theft at the time of the shooting. Mr. Reddit (Redditt) Hudson said a lot more about the culture of racism within the police department and the attitude of how dare anyone question them about their actions when they are putting their lives on the line by doing this job. I placed a link below so that readers can watch this interview. The Washington Post column on the “Post Everything” section that he wrote is dated 12/6/2014, titled,  “Being a cop showed me just how racist and violent the police are. There’s only one fix.”

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