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Voters oust prosecutor accused of favoring Ferguson officer who killed Michael Brown

https://www.washingtonpost.com/news...-killed-michael-brown/?utm_term=.38692244233b

Robert McCulloch assured the city of Ferguson, repeatedly and occasionally in all caps, that he was “fair and impartial in every matter” concerning the criminal case of the police officer who killed Michael Brown.

But his critics had doubts.

They said the white St. Louis County, Mo., prosecutor’s family was, after all, full of police officers, including a father who died at the hands of a black suspect when McCulloch was 12.

And long before Brown was fatally shot in 2014 — igniting months of protests and fueling a nationwide discussion about whether police are more likely to use deadly force against black people — McCulloch said he agreed with a grand jury’s decision to not indict officers who killed two unarmed black men.

Elected leaders, activists, the NAACP and the county executive all said McCulloch’s choice was a simple one: Step down and let a special prosecutor lead the case. McCulloch refused.

“If there was a flash point, I’d say it was the refusal to recuse himself, because there was just this high level of outrage,” Montague Simmons told The Washington Post on Wednesday. Simmons is executive director of the Organization for Black Struggle, an organization that seeks to erase political, economic and criminal justice disparities.

“We knew then that if we wanted something different to happen, we would need someone different,” Simmons said.

On Tuesday, primary voters in St. Louis County, Mo., ousted McCulloch, who had been the top law enforcement official in the county for nearly three decades, surprising political observers who thought the veteran prosecutor would defeat a relatively inexperienced newcomer.

Wesley Bell, a black Ferguson city council member who ran on reforming the prosecutor’s office, defeated McCulloch with nearly 57 percent of the vote, a margin of more than 24,000 ballots, according to the board of elections.

No Republicans were on the ballot, all but guaranteeing that Bell will be the next prosecutor in St. Louis County, where 23 percent of residents identify as black.

The last time McCulloch was on the ballot was in November 2014, when he ran unopposed and garnered 95 percent of the votes cast.

Weeks later, he announced that a grand jury would not indict Officer Darren Wilson in Brown’s killing.

Tuesday’s primary was the first time he had faced voters since that announcement.

Many saw his attempt to hold on to his office as a referendum on what happened in Ferguson. His harshest critics accused the prosecutor of skewing the investigation in favor of Wilson
, as The Post’s Mark Berman reported.

Obviously, Ferguson defined this election,” St. Louis University political science professor Ken Warren told the St. Louis Post-Dispatch. Warren had predicted a victory for McCulloch based on his long tenure and experience running a prosecutor’s office. “Bell made his name through Ferguson, and [McCulloch] tarnished his name through his handling of Ferguson,” Warren said.

Bell, 43, an attorney who has also served as a judge and prosecutor, alluded to Ferguson’s spotlight in an Election Day posting on his campaign’s Facebook page: “The world is watching. Let’s show them what DEMOCRACY looks like.”

He could not be reached for comment Wednesday.

His campaign platform included a pledge to “fundamentally change the culture” of the prosecutor’s office, including appointing special prosecutors to review allegations of police misconduct.

During the campaign, McCulloch, 67, tried to paint Bell as inexperienced, saying the younger man had never overseen an office as large as the St. Louis county prosecutors’, which has 110 staff members and reviews nearly 12,000 investigations a year.


“I’m sure [Bell’s] a fine guy and a fine lawyer, but putting someone with zero experience in a position like this would be one of those things that is very detrimental to public safety,” McCulloch told “Politically Speaking,” a show on St. Louis Public Radio.

McCulloch told the show that he had been an assistant prosecuting attorney, tried more than 75 felony trials and spent time in private practice.

In a video posted on his campaign Facebook page Tuesday, Bell spoke of reunification: “There’s too much divisiveness, too much division in this county, in this region. We’ve got to start bringing people together.”

In an election night interview with St. Louis Public Radio, McCulloch said he was disappointed by the loss but downplayed the notion that Brown’s death was a factor in his defeat.

“I wouldn’t change a thing that I have done,” he said. “I certainly wish to thank the people of the county for all they’ve done for me, allowing me to have this job for 28 years when I’m done.”

Simmons disagreed with McCulloch’s assessment.

He remembered watching McCulloch refuse to recuse himself in 2014 and deciding that he would dedicate his efforts to getting him out of office. He filed an unsuccessful lawsuit to have McCulloch removed. When that failed, he spent years talking to voters.

Simmons said he was happy that Bell won but added that, more than anything, the victory is proof that the outrage that followed Brown’s shooting has been channeled into political change.

“The hope isn’t in Wesley himself,” Simmons said. “It’s literally in all the people that made this moment possible — the network of activists, the people that came to the table. . . . It’s a political act that we can’t ignore.”

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orig
 
Understand I've a jaded, skeptical, and cynical view of these things.

So, we'll see how this plays out. I do believe they will test him.
 
https://www.washingtonpost.com/opin...ght-join-police-union/?utm_term=.5085cbec1171

A reformer won the election for St. Louis County DA. But his future subordinates might join the police union.

Radley Balko

Last August, Wesley Bell trounced longtime St. Louis County prosecutor Bob McCulloch in the Democratic primary. Bell won with 57 percent of the vote. Since he had no challengers from other parties for the general election, Bell is set to take office next month. He’ll be the first black county prosecutor St. Louis County has ever had. McCulloch held the office for 28 years, including being at the center of national controversy over his handling of the 2014 shooting of Michael Brown by Officer Darren Wilson.

Perhaps appropriately, Bell happens to be a city councilman in Ferguson, the scene of Brown’s shooting and the subsequent protests, violence and police crackdown. Interestingly, like McCulloch, Bell is the son of a police officer. Bell also has worked for the troubled municipal courts system of St. Louis County that, as I reported here at The Washington Post at the time, has preyed on county residents with onerous fines and fees. In fact, Bell was the court judge in one town and the prosecutor in another, a practice that’s a bit bewildering but wasn’t uncommon at the time I wrote about it. (I’m told that one person can no longer serve in both positions.)

Despite that experience, or perhaps because of it, Bell emerged this year as a reform candidate. He has promised to reform the cash bail system, to implement diversionary programs for low-level offenders, to assign prosecutors to improve relations with specific areas of the county, and to set up a Conviction Integrity Unit to look for and overturn wrongful convictions.

But as we’ve seen with Philadelphia’s Larry Krasner and elsewhere, even when elected with overwhelming majorities, reform-minded prosecutors can expect resistance from entrenched interests who benefit from the system as it exists now. (The new St. Louis city prosecutor, Kim Garner, is also a reformer. This year she both announced that she’d no longer be prosecuting low-level marijuana possession cases, and submitted the names of 28 police officers from whom she said her office would no longer be taking cases, due to concerns about veracity.)

And so with Bell’s election, the county’s career prosecutors are now looking to unionize. The sudden interest in union representation likely comes from fears that Bell will clean out the old guard upon taking office. In theory, career prosecutors should adopt the agenda and priorities of the incoming county prosecutor-elect. But career prosecutors aren’t likely to be all that receptive to Bell’s agenda. So unionizing could make it tough for Bell to implement reforms by providing additional job protections to any prosecutors who refuse to play along.

But as St. Louis Post-Dispatch columnist Tony Messenger writes, it’s also about which union the prosecutors want to join — they want to be represented by the police union. The St. Louis Police Officers Association is one of the most aggressive police unions in the country. Its figurehead (though he no longer officially leads the organizations) is, Jeff Roorda, a former cop who was once fired for making false statements and filing a false report. Roorda is also a former state legislator, where he sponsored bills such as one that would have forbid anyone from publicizing the name of any police officer involved in a shooting unless that officer was charged with a crime. He once blamed the 2016 massacre of police officers in Dallas on Barack Obama. You get the picture.

But even putting Roorda aside, the conflict problems with having the same union represent both prosecutor and police officers are pretty obvious. What happens if a prosecutor charges a police officer for a shooting, and the officer then files a complaint against that prosecutor? Which party does the union defend?

The mere appearance of conflict is just as much of a problem. In St. Louis in particular, this will only further poison the relationship between law enforcement and the city’s communities of color. McCulloch’s handling of the Brown shooting was widely criticized not only because the grand jury ultimately declined to bring charges against Officer Darren Wilson but also because McCulloch seemed reflexively defensive of cops, in that case and others, and appeared to have decided early on that Wilson was innocent. Having the same union represent both cops and prosecutors certainly won’t help with the public perception — particularly in the black community — that St. Louis prosecutors will always back the cops.

But the unionization effort mostly seems to be a direct attack on Bell and his promised reforms. The union endorsed McCulloch, and Bell was extremely unpopular with police partisans such as Roorda. Since Ferguson, no organization has been more defensive of police practices and hostile to reform than the SLPOA. Now, the prosecutors who will report to Bell might vote to join the union that endorsed his opponent and that has opposed nearly every change he is promising to make.

Reform never comes easy. It’s especially difficult when there are entrenched powers whose livelihood depends on the status quo. The vote is scheduled for this afternoon.
 
https://lawandcrime.com/race-relati...dnt-get-indictment-in-michael-brown-shooting/

There’s a new prosecutor in town and he’s already shaking things up in St. Louis County.

Former Ferguson councilman Wesley Bell, who defeated Democrat Robert McCulloch in the Prosecuting Attorney election by a considerable margin last year after vowing to “fundamentally change the culture,” fired veteran assistant prosecutor Kathi Alizadeh on his second day in office, the St. Louis Post-Dispatch reported. McCulloch, who was head prosecutor since 1991, drew national scrutiny for his handling of the Darren WilsonMichael Brown case.

The ex-cop Wilson shot and killed Brown in 2014, sparking intense racial unrest. When McCulloch announced that a grand jury would not indict Wilson on murder or involuntary manslaughter charges, violence and protests erupted in the streets of Ferguson.

“As tragic as this is, it was a not a crime,” McCulloch said at the time. “It doesn’t lessen this tragedy. There is still a loss of life here. The family is going to have that loss forever.

“No young man should ever be killed by a police officer. And no police officer should ever be put in that position,” he added.

It was Kathi Alizadeh’s job to present evidence to the grand jury that ultimately decided not indict Wilson. According to the Post-Dispatch, Bell handed Alizadeh a two-page letter justifying her firing, but the contents of that letter have not yet been revealed. Alizadeh, for her part, said she would be talking to her lawyer about this.

She had worked in this office since 1988. Bell said that two other individuals have been sent packing, but did not elaborate. Another assistant prosecutor who has been in the prosecutor’s office for decades has learned that he has been “suspended pending a termination hearing.”

Ed McSweeney, who had been on the job for 34 years, noticeably criticized Bell for his lack of trial experience after he defeated McSweeney’s long-time boss McCulloch. McSweeney described McCulloch’s defeat as “shocking” and predicted that voters would “regret” electing Bell.

“My boss was shockingly defeated in Tuesday’s primary after 28 years. Defeated by a Ferguson councilman with no trial experience,” McSweeney commented in August. “County voters will soon regret what they did. We are going to turn into another STL city.”

A spokeswoman for Bell answered responded to this by saying Bell “has been a litigator for seventeen years” and had “tried over 75 misdemeanor and felony cases, including 30 to 40 jury trials.” Bell did not have experience as a prosecutor but as a defense attorney.
 
https://www.chicagotribune.com/news...s-cop-shoplifting-suspect-20190502-story.html

St. Louis-area cop indicted for shooting shoplifting suspect. She says she meant to use her stun gun.

A suburban St. Louis police officer who says she meant to use her stun gun but mistakenly grabbed her service revolver was indicted on a second-degree assault charge Wednesday for shooting a suspected shoplifter outside a grocery store.

St. Louis County prosecutor Wesley Bell said Julia Crews, 37, is charged in the April 23 shooting on the parking lot of a Schnucks store in Ladue, one of Missouri's wealthiest communities. The woman who was shot was seriously hurt, Bell said.

The 33-year-old woman, who is black, remains in a hospital. While authorities said she will survive, her father, Robert Hall, said she is "fighting for her life." Authorities haven't released her name, but her family identified her as Ashley Hall.

She hasn't been charged in the shoplifting.

Crews' attorney, Travis Noble, said after Bell's announcement that Crews meant to use her stun gun but mistakenly grabbed her service revolver and shot the woman once. Noble described the officer as "devastated," and called the shooting a case of "weapon confusion" that didn't merit the criminal charge.

"The officer pulled what she believed to be her Taser," Noble said. "Tragic accident."

The shooting is among at least 13 since 2001 in which officers said they mixed up their guns and stun guns, University of Missouri-St. Louis criminologist David Klinger said. He noted that police officers typically train by drawing their gun, not their stun gun, and that becomes habit.

McCulloch was prosecutor for 28 years and was perceived as a staunch supporter of police, a reputation heightened when he deferred to a grand jury after a white police officer fatally shot 18-year-old Michael Brown, who was black and unarmed, in 2014 in Ferguson. The grand jury declined to indict the officer, Darren Wilson, who resigned in November 2014. The shooting led to months of often-violent protests.

Bell, who is black, was elected to the Ferguson City Council in April 2015. In his longshot bid to unseat McCulloch, Bell campaigned as a reformist, saying that while he supports police — his father also was an officer — he would hold those who act outside the law accountable.

Klinger said most officers who mistake their gun for their stun gun aren't charged, typically because prosecutors deem the shootings accidents rather than acts of intentional harm.

But Bell said those other officers were facing threats to their own safety.

"In this case, the officer's safety was not in question," Bell said.

A prosecutor in April declined to charge a New Hope, Pennsylvania, police officer who shot inmate Brian Riling during a scuffle inside a police holding cell, ruling the shooting was accidental. The suspect was critically wounded but survived.

Former Lawrence, Kansas, police officer Brindley Blood was charged with aggravated battery in 2018 after shooting a man attacking another officer. Charges were dropped in March after a judge ruled that Blood meant to use the stun gun and grabbed the wrong weapon. Akira Lewis, who is black, survived the shooting and accused the white officers of racial profiling.

White volunteer sheriff's deputy Robert Bates fatally shot Eric Harris, an unarmed black man, in 2015 in Tulsa, Oklahoma, while Harris was on the ground being restrained by other deputies during an illegal gun sale sting. Bates was convicted of manslaughter despite claiming he meant to use the stun gun. He served less than half of a four-year sentence before being paroled.

In the Ladue case, the mother of the woman who was shot said she forgives the officer, who could face up to seven years in prison if convicted.

"I'm going to pray for her and pray for my daughter at the same time," Karen Carter said.

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