Posted on 08/29/2014 6:16:53 AM PDT by safetysign
Charles C. Johnson, the Editor-in-Chief of Got News and the investigator who debunked the Everytown shootings map, is suing the St. Louis County Court to release Ferguson shooting victim Michael Brown’s juvenile arrest records. As relayed by the website YoungCons.com, Johnson claims that he has “confirmed” Michael Brown was arrested in a case involving second-degree murder: record Johnson earlier reported on Twitter that he had two contacts in the St. Louis Police Department tell him that Michael Brown had a juvenile criminal record, thus prompting the lawsuit: record2 The reporter has been challenged on his rationale for seeking the juvenile records of Brown, and this is his response today: lawyers As reported by Ryan Gorman of AOL News, the citizen journalist wants the alleged arrest records released to the public: “To find out if those police officers are correct requires seeing Brown’s juvenile arrest record, which ought to be freely available given that he is dead and therefore has no right to privacy remaining,” insists Johnson.
“Knowing the truth about Brown’s past will help us gauge the credibility of his parents and family who have called him a ‘gentle giant.’”
Attorney Johnathon Burns, who is arguing the case, told KMOX that since the teen is deceased, his records are no longer sealed. The lawsuit follows below, via SCRIBD: Lawsuit to Release Michael Brown Juvenile Record
The lack of transparency involving the Michael Brown shooting was a major factor in the conflagration in Ferguson. After the initial reports of the Ferguson shooting arose, numerous major news media outlets jumped on the story to frame it as a racially prejudiced police officer shooting an unarmed “gentle giant” when he either had his hands up or was running away. When video surveillance photos of Michael Brown surfaced, the media questioned the police’s release of the information, which the Holder Justice Department wanted withheld from the public. The story of the strong-arm robbery accomplice Dorian Johnson that Brown was running away appears to be falsified with an initial autopsy failing to show gunshots in the back of Michael Brown. The police deparment’s version of the story, as well as that of Wilson’s friend, and an unidentified witness commenting on the case, appear to corroborate the story that Brown continued to come at the officer after being initially fired at. The background evidence of the strong-arm robbery and any prior criminal incidents speak to the potential state of mind of Michael Brown during the fatal confrontation. In any event, since the Ferguson rioting, the matter of Michael Brown’s death and how it occurred is a matter of public interest. The facts of the case must be divulged to the public, and that is the only way the second-guessing and the speculation will end. CBS News reported a hearing for the lawsuit is scheduled for September 3rd.
Can I have rabbits, George? lol
What?, I thought all of Barack’s son’s were pillars of society!
Narrative by the left and the MSM about:
The Duke Rape Case....all lies.
Trayvon Martin....all lies.
Michael Brown....all lies.
When will people finally wake up?
“_____________was a good boy. He had his lil’ problems, but he loved his mama and helped the kids and he was turnin’ his life around. He found Jesus and was gonna go to school and get straight. It’s a damn shame what they done to that boy!” Template for post thug shootings- insert name as needed.
I look forward to the violence; we need to let the Sword of Damocles that blacks have held over our heads for so long (threat of mass rioting) fall and let it all be done and over with. Frankly I don’t give a rat’s arse anymore. I just don’t care. The country can go up in flames and at long last, spoiled hipsters and liberals will see reality right in front of their faces for teh first time in their selfish lives. It’ll be a much delayed maturing process.
I am a Missouri lawyer, and the felony murder statute reads as follows:
1. A person commits the crime of murder in the second degree if he:
(1) Knowingly causes the death of another person or, with the purpose of causing serious physical injury to another person, causes the death of another person; or
(2) Commits or attempts to commit any felony, and, in the perpetration or the attempted perpetration of such felony or in the flight from the perpetration or attempted perpetration of such felony, another person is killed as a result of the perpetration or attempted perpetration of such felony or immediate flight from the perpetration of such felony or attempted perpetration of such felony.
I would interpret that here as Johnson NOT being liable for felony murder because they were not in "immediate flight" from the felony (assuming that Brown's acts in the store would even be charged as a felony in the first place, which is of course up for debate). Now, if Brown did in fact assault the police officer, then THAT could be a felony under Missouri Statute 565.081-Assault of a Law Enforcement Officer, and Brown could have technically been "in immediate flight" from that felony. However, there is nothing in the facts that we know now that purport Johnson had anything to do with that, so it's unlikely he could be charged in Brown's death if Brown was considered to be acting on his own in assaulting the officer, which he likely was.
Hopefully that makes some sense.
Hey,thanks for weighing in on this.It's posts like yours that remind me that the semi-literate like myself wouldn't stand a chance in law school! ;-)
Another question,if you have a minute...under what circumstances would records of a juvenile's criminal/police record in Missouri *not* be eligible for release once that individual is deceased? I ask because,as you may know,there are reports that the "Gentle Giant" had a *serious* record of criminality as a juvenile and some organization is demanding that the records be released.Thanks for any time you're willing to spend educating me (us)!
The Court's basic reasoning was that the juvenile records were sealed in order to protect the juvenile: "the prohibition against use of juvenile court reports and records is for the exclusive protection of the juvenile and does not extend to any other person or proceeding which is neither occasioned by or brought against the juvenile."
Now, this was a wrongful death case, and the issue at hand was the "pecuniary worth of the juvenile" because they were trying to figure out the damages based on the potential future value of the juvenile's life. That being said, if the Missouri courts used the reasoning by the Missouri Court of Appeals in the Brown case, then it's plausible that juvenile records of the deceased may be open to disclosure since they would no longer technically exist to protect the juvenile.
I did a quick scan of the Missouri Statutes (Chapter 211 covers the juvenile courts) and didn't see anything in there that was on point. The disclosure of the Brown records would probably be argued from case law, and I would think any attorney trying to get them unsealed would rely on the Smith holding for sure. Nonetheless, I'm sure there are numerous other cases that deal with it. If I have some time this weekend, I'll poke around a bit.
Good notes bump. FReegards.
Before that would happen, if he's in federal custody under Holder, Dorian will have an unfortunate accident.
Maybe Obama, Holder and the gov. are prejudiced.
So does this mean Al Sharpton will respond by saying “What Difference Does It Make?” The cracker is still much guilty!
Dorian Johnson is facing murder charges in the death of his criminal accomplice if it shown the dead kid had assaulted the officer.
Dorian is stuck between a life sentence and a witness protection program.
You are wrong on that one. The assault on the officer is what gets him the murder charges. Because it was an attack on an officer it goes to 90 years.
Good post
Is there any evidence that Johnson had any involvement in the altercation between Wilson and Brown? How could the attack on Wilson get Johnson a murder charge and 90 years, if Johnson had no involvement in the attack?
Digging him up and hang him!!!!!!!
He was a thug. Period.
whatever, but it`s necessary because the Lib press is trying to make the story about a racist cop and a unarmed high school valedictorian.
This case is being tried in the media.
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