Attorney calls for immediate suspension of Ferguson D.A.

(BlackNews.com) — Attorney Roy Miller of Macon, Georgia, states that “if the District Attorney was serious about getting an indictment on Darren Wilson, he would have done as usual and made an arrest. This should have been done before sending the case to the Grand Jury. Probable Cause is usually first established by the arresting officer when an arrest is made and the Grand Jury then basically agrees or disagrees. Why change actual legal procedure, just for one man?”

Miller adds: “In every criminal case that I have been involved during my 24 years of practicing criminal law, a felony arrest always happened first… before a case went to the grand jury to consider dismissal or indictment (move forward). This did not happen with officer Darren Wilson, because he was never arrested; however, other men arrested for a felony had it happen to them. Why is this important?”

He continues, “Because when an officer makes an arrest, he has already established that probable cause exists. So when it goes to a grand jury, the grand jury usually follows the sworn statement and the expert opinion of the arresting officer’s finding that probable cause exists. The grand jury should not make the first opinion on probable cause and to do so appears to be a due process violation of the United States Constitution.”

Miller continues, “By Ferguson Police not doing this, they did not expose officer Wilson to the same negative procedure in which they have placed other felony arrest suspects. Almost all the time in major felony cases, an arrest supplies to a grand jury an opinion of probable cause that they follow. If an arrest was stratigically omitted, this would be disgusting and illegal conduct for a prosecutor. I feel that the Prosecutor should be suspended immediately and investigation should begin. Integrity is at issue and possible present misconduct should be prevented. Prosecution for the murder of Michael Brown seemed to have worked hardest for the defendant.”