Probe sought into Missouri prosecutor's actions in Brown case

Four St. Louis-area activists are seeking a court-ordered investigation of the prosecutor who oversaw the grand jury that declined to indict a white police officer who killed black teenager Michael Brown last August.

The group filed a petition late Thursday asking the Missouri State Circuit Court to appoint a special prosecutor to investigate St. Louis County Prosecuting Attorney Robert McCulloch's conduct and possibly seek his ouster.

McCulloch has come under fire since his Nov. 24 announcement that a grand jury decided not to indict Ferguson police officer Darren Wilson for fatally shooting unarmed 18-year-old Brown on Aug. 9. The killing sparked months of protests around the country and has contributed to calls for new state and federal laws on police conduct. 

Since the grand jury's decision, McCulloch has acknowledged that at least one witness whose account supported Wilson lied to the grand jury. Critics have charged that transcripts of the grand jury proceedings show the prosecutor's office favored witnesses supporting Wilson's version of events but challenged witnesses who did not support the officer's account.

Court documents filed Thursday allege McCulloch treated the case in a "special manner without reason or justification," providing testimony "he knew to be perjured" and allowing for Wilson to give grand jury testimony that contradicted earlier statements Wilson gave to police without challenge.

State law allows for a court to appoint a special prosecutor to investigate prosecutors.

"Bob McCulloch expertly administered a miscarriage of justice and it's obvious that he cannot be trusted to work on behalf of the people of St. Louis," said Montague Simmons, a petitioner in the case and executive director of The Organization for Black Struggle in St. Louis.

The other petitioners were representatives of the Ethics Project and the Organization for Black Struggle and another community activist.

McCulloch spokesman Edward Magee did not immediately respond to a request for comment.

Earlier this month, a member of the grand jury filed a lawsuit in federal court against McCulloch, seeking permission to speak publicly about the grand jury proceedings. The juror claimed evidence was presented to the grand jury in a manner markedly different than in previous cases it had heard with the "insinuation" that Brown was the "wrongdoer" rather than Wilson.

Lawyers for Brown's family and some witnesses say he was trying to surrender when Wilson shot him multiple times. Wilson said he feared for his life and Brown was the aggressor.

Tags

Michael Brown, Darren Wilson, Ethics Project, Organization for Black Struggle

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