“No good ever came of mass emotion. The audience that’s easily moved to tears is as easily moved to sadistic dementia.”  — P.J. O’Rourke

 

We’d have to be hermits not to know what happened in Ferguson, Missouri when the no-bill from the grand jury came in on Officer Darren Wilson on the 24th. It was what many had predicted.  And, as also predicted, the embers from that conflagration flew a good distance, and sparked protests elsewhere, though none yet so violent as at Ground Zero.

This week I attended a large law enforcement training function where a police chief said, “It would be hard to imagine how this could have been handled worse in the immediate aftermath of the shooting.”  What he was talking about was law enforcement’s failure to make certain things clear to the public about what the preliminary investigation was already revealing.

Back in 1972, when they first pinned a badge on me, I was told that we were the keepers of the secrets of the community.  We owed the suspect/defendant and the victim alike their rights to privacy.  We learned to say, “No comment” to reporters.  “It will all come out in court.”

What I realized early on and have preached to brother and sister cops in the decades since is that this doesn’t work when the cops themselves become the accused.  An accusation of wrongdoing that goes unanswered is seen as a silent plea of nolo contendere, which translates roughly from the Latin as “we do not contest the charge against us.”  The general public doesn’t see much difference between that and a plea of Guilty…and “pleading nolo” generally results in a penalty remarkably similar to what would accompany an actual Guilty verdict.

On the evening of the 25th, on CNN, I watched Anderson Cooper speak as an impartial voice of reason alongside Mark O’Mara, who has performed much the same function for that network since he became a resident specialist there on legal issues.  The clarity with which Missouri prosecutor Robert McCullogh explained the evidence the grand jury reviewed leading to their decision was ignored by those who came to Ferguson to act out – they started running toward their long-planned violent goal before they could have possibly heard it. Their minds were made up, and they didn’t want to be distracted by facts. But the reporters had to listen – cramming sleeplessly on the long transcript of what the grand jury had heard, or at least, what their research assistants gave them in digest form – and could no longer ignore the reality.

A four-way dialogue included O’Mara, Cooper, legal analyst Jeffrey Toobin, and Sunny Hostin.  Toobin, apparently, had been convinced by the conjunction of the fact evidence and the eyewitness testimony of several African-American eyewitnesses with the account of the officer who pulled the trigger, and who spoke publicly last night for the first time on ABC. Only Sunny Hostin, who had been one of the leaders of the CNN “lynch the defendant” mob in both the Zimmerman trial last year and the Wilson hearing this year, disputed the facts that had come into evidence. The other three seemed incredulous, and she looked almost embarrassed to find herself still defending the now-discredited narrative of helpless child gunned down by racist cop.  “He was unarmed,” she all but screamed, and seemed oblivious when O’Mara explained that when Brown was killed, he was lunging for the cop’s gun for the second time.

We humans are a very tribal species, and this matter is clearly a very tribal thing. But, since the wise release of the grand jury minutes, more people are trusting their brains.  From African-American Wall Street Journal writer Jason Riley comes this cogent analysis:  http://online.wsj.com/news/article_email/jason-riley-the-other-ferguson-tragedy-1416961287-lMyQjAxMTI0MjI0NTQyMDU1Wj. (link may be locked behind a pay wall)

The public is beginning to wake up to the fact that they’ve been bamboozled. Many were sickened and horrified that the body of Mike Brown, unquestionably and irretrievably killed by the last bullet that hit him, lay in the street for hours before being removed to a less-undignified setting. Answers are coming out, altogether later than they should have: http://blogs.riverfronttimes.com/dailyrft/2014/09/funeral_director_explains_why_michael_browns_body_stayed_in_the_street_for_hours.php

The truth will out,” said Shakespeare.  In this case, tragically, the truth should have come out far sooner.

69 COMMENTS

  1. Mas hasn’t adressed Bernards question about more shoot/don’t shoot training for police. Briefly,, Bernard, the problem isn’t the training of the police. The issue is the mistaken beliefs of the media and large portions of the population concerning the lawful use of force. Which, doesn’t exclude attorneys, considering comments from some of them following the Zimmerman case.

    Many years ago, the behavior seen in Ferguson post verdict would have been met with a phlanax of police with vans for prisioner transport. Alas, Ferguson didn’t have the manpower. Communities that may have had mutaul aid agreements in place needed their cops for their possible problems. Add in the political pressure not to look like a totalitarian regime and the results were predictable.

  2. Mas hasn’t adressed Bernards question about more shoot/don’t shoot training for police. Briefly,, Bernard, the problem isn’t the training of the police. The issue is the mistaken beliefs of the media and large portions of the population concerning the lawful use of force. Which, doesn’t exclude attorneys, considering comments from some of them following the Zimmerman case.

    Many years ago, the behavior seen in Ferguson post verdict would have been met with a phlanax of police with vans for prisioner transport. Alas, Ferguson didn’t have the manpower. Communities that may have had mutaul aid agreements in place needed their cops for their possible problems. Add in the political pressure not to look like a totalitarian regime and the results were predictable.

  3. Our very own supreme court has ruled that the police have no duty to “protect.” It is up to the individual to “protect” his or her rights, property and life. Therefore the Ferguson police had no duty to protect the shops and businesses and homes of the community members.
    When a tragedy, and a death is a tragedy, (even the death of a criminal) strikes, it is the job of community members to come together to support each other.
    Instead we see communities that are so fragmented as not to be communities at all. Rather they are merely conglomerations of individuals that take advantage of tragedies (and anything else) to proclaim their personal frustration in violence and destruction and their personal greed in looting.
    There is only the facade of civilization that is just a shallow cover waiting to be torn. This is the result of the fragmentation of the family thanks to government intrusion since the early 60s and the rise of the welfare state.
    Get rid of the welfare state and communities will have to come together again to take care of themselves and their members. The welfare state makes it an “every man for himself” type situation.

  4. Our very own supreme court has ruled that the police have no duty to “protect.” It is up to the individual to “protect” his or her rights, property and life. Therefore the Ferguson police had no duty to protect the shops and businesses and homes of the community members.
    When a tragedy, and a death is a tragedy, (even the death of a criminal) strikes, it is the job of community members to come together to support each other.
    Instead we see communities that are so fragmented as not to be communities at all. Rather they are merely conglomerations of individuals that take advantage of tragedies (and anything else) to proclaim their personal frustration in violence and destruction and their personal greed in looting.
    There is only the facade of civilization that is just a shallow cover waiting to be torn. This is the result of the fragmentation of the family thanks to government intrusion since the early 60s and the rise of the welfare state.
    Get rid of the welfare state and communities will have to come together again to take care of themselves and their members. The welfare state makes it an “every man for himself” type situation.

  5. The liberal biased media, Obama meeting with protestors the day after election to tell them to stay on course instead of go home and please obey the rule of laws, the DOJ Eric Holders arrogance towards this, the fact he refuses to end the civil rights case when he knows it’s done all played into this. Meeting with Browns family a felon is unheard. I began police work in 1978 and until Obama never herd of White House and Attorney General interfering in police matters.
    The cherry picking of cases by the White House is also very insulting to me as an American. There has been some recent murders of police officers recently a Reserve State Police Captain by four African Americans yet you never here word one.
    The business owners are usually not covered because most insurance polices do not cover civil unrest so shame on Gov. Nixon…. A full investigation has been open which I suspect interference from powers to be whether admitted or not.

  6. The liberal biased media, Obama meeting with protestors the day after election to tell them to stay on course instead of go home and please obey the rule of laws, the DOJ Eric Holders arrogance towards this, the fact he refuses to end the civil rights case when he knows it’s done all played into this. Meeting with Browns family a felon is unheard. I began police work in 1978 and until Obama never herd of White House and Attorney General interfering in police matters.
    The cherry picking of cases by the White House is also very insulting to me as an American. There has been some recent murders of police officers recently a Reserve State Police Captain by four African Americans yet you never here word one.
    The business owners are usually not covered because most insurance polices do not cover civil unrest so shame on Gov. Nixon…. A full investigation has been open which I suspect interference from powers to be whether admitted or not.

  7. The liberal biased media, Obama meeting with protestors the day after election to tell them to stay on course instead of go home and please obey the rule of laws, the DOJ Eric Holders arrogance towards this, the fact he refuses to end the civil rights case when he knows it’s done all played into this. Meeting with Browns family a felon is unheard. I began police work in 1978 and until Obama never herd of White House and Attorney General interfering in police matters.
    The cherry picking of cases by the White House is also very insulting to me as an American. There has been some recent murders of police officers recently a Reserve State Police Captain by four African Americans yet you never here word one.
    The business owners are usually not covered because most insurance polices do not cover civil unrest so shame on Gov. Nixon…. A full investigation has been open which I suspect interference from powers to be whether admitted or not.

  8. Very insightful comments from all. Such a pleasure to read well thought out responses. One technical comment from a cop retired during the revolver era. Officer Wilson’s recounting the struggle for the sidearm reveals that he tried to fire his weapon three times only to hear a click. Obviously the pistol was out of battery or something blocked a hammer fall. I got a cold chill immediately thinking of officers today carrying striker fired weapons who would have heard only one click, then had only a polymer club with which to defend himself.

  9. Very insightful comments from all. Such a pleasure to read well thought out responses. One technical comment from a cop retired during the revolver era. Officer Wilson’s recounting the struggle for the sidearm reveals that he tried to fire his weapon three times only to hear a click. Obviously the pistol was out of battery or something blocked a hammer fall. I got a cold chill immediately thinking of officers today carrying striker fired weapons who would have heard only one click, then had only a polymer club with which to defend himself.

  10. Mas, I’ve seen many well thought out viewpoints here; however having known a few officers (I’m a retired plumber) that have had to intentionally fire their handgun to end a confrontation, I question not the doctrine of lethal force, but the lack of options. Some meetings between police and public start out smooth and easy, then abruptly (by then the assailant can be frighteningly close!); my thought is that Ofc. Wilson probably didn’t have any close contact training to fall back on- I don’t think releasing the safety strap of his holster, after Brown reached (or punched) into the window was smart-trying to draw that gun with contact already established was very problematic. I am also not seeing much though about Darren’s post shoot frame of mind-I don’t think he wanted to shoot Brown, and like many other PO’s, will have some serious problems of hiw own to deal with, wven if this doesn’t destroy his career. My earlier comments re grabbing the overextended right Brown threw into the cruiser and then short jabbing him in the ribs/ stomach and kidneys wasn’t just a though from the sidelines- I’ve seen police training that “reach in the window” scenario, just so that departments officers could better protect themselves.
    Another problem, added to the three dry fire clicks; where did each and every one of Wilson’s fired rounds go? There were a number on people present- this was never a “free fire” scene- again no comments about this.
    As pointed out, the murder of one of the witnesses is very troubling- there are rightly or wrongly a hundred or more FBI hands there, MDPD, etc: as little as I like many of the side effects of Patriot Acts, somebody ought to be rounding up all the cell phone cameras, media footage etc and electronically tracking the KKK and others- this just might be one of the most “wired” crime scenes in history!

  11. Mas, I’ve seen many well thought out viewpoints here; however having known a few officers (I’m a retired plumber) that have had to intentionally fire their handgun to end a confrontation, I question not the doctrine of lethal force, but the lack of options. Some meetings between police and public start out smooth and easy, then abruptly (by then the assailant can be frighteningly close!); my thought is that Ofc. Wilson probably didn’t have any close contact training to fall back on- I don’t think releasing the safety strap of his holster, after Brown reached (or punched) into the window was smart-trying to draw that gun with contact already established was very problematic. I am also not seeing much though about Darren’s post shoot frame of mind-I don’t think he wanted to shoot Brown, and like many other PO’s, will have some serious problems of hiw own to deal with, wven if this doesn’t destroy his career. My earlier comments re grabbing the overextended right Brown threw into the cruiser and then short jabbing him in the ribs/ stomach and kidneys wasn’t just a though from the sidelines- I’ve seen police training that “reach in the window” scenario, just so that departments officers could better protect themselves.
    Another problem, added to the three dry fire clicks; where did each and every one of Wilson’s fired rounds go? There were a number on people present- this was never a “free fire” scene- again no comments about this.
    As pointed out, the murder of one of the witnesses is very troubling- there are rightly or wrongly a hundred or more FBI hands there, MDPD, etc: as little as I like many of the side effects of Patriot Acts, somebody ought to be rounding up all the cell phone cameras, media footage etc and electronically tracking the KKK and others- this just might be one of the most “wired” crime scenes in history!

  12. TW Thanks, I am a subscriber to garynorth.com and I did read that article – “containment.” Wow, that’s kind of depressing, but it seems to accurately describe Ferguson and similar past situations.

    What I find particularly galling is that protection from criminal violence is supposedly one the prime justifications for taxation and even the State itself.

  13. TW Thanks, I am a subscriber to garynorth.com and I did read that article – “containment.” Wow, that’s kind of depressing, but it seems to accurately describe Ferguson and similar past situations.

    What I find particularly galling is that protection from criminal violence is supposedly one the prime justifications for taxation and even the State itself.

  14. Those complaining that property seemed to be sacrificed in favor of less confrontation from police need look no further than the state of our society. We are a polarized population, black v. white, liberal v. conservative, left v. right, etc.

    Every subject that comes up has 40% for, 40% against, and 20% that don’t give a darn one way or the other.

    Like it or not, those in political power tend to cater to those that raise the most hell. Minorities and other liberal/progressives are a lot better at that than are conservatives. Decisions such as allowing businesses to be sacrificed are made to placate those that they (politicians) fear.

    As long as conservatives play by the rules of civil discourse and logic, sadly, we will continue to be ignored. It would appear that we are willing to let our country burn while we stand by, trying to avoid confrontation.

    It’s much easier to point fingers at the police than face what we see in the mirror.

  15. Those complaining that property seemed to be sacrificed in favor of less confrontation from police need look no further than the state of our society. We are a polarized population, black v. white, liberal v. conservative, left v. right, etc.

    Every subject that comes up has 40% for, 40% against, and 20% that don’t give a darn one way or the other.

    Like it or not, those in political power tend to cater to those that raise the most hell. Minorities and other liberal/progressives are a lot better at that than are conservatives. Decisions such as allowing businesses to be sacrificed are made to placate those that they (politicians) fear.

    As long as conservatives play by the rules of civil discourse and logic, sadly, we will continue to be ignored. It would appear that we are willing to let our country burn while we stand by, trying to avoid confrontation.

    It’s much easier to point fingers at the police than face what we see in the mirror.

  16. As a retired LEO, Firearms Instructor,and having been in a LEO shooting,
    I believe it imperative for the PD to bring forth an “expert witness” ASAP who can explain “use of force doctrine” and correct application of “use of deadly force”. It needs to be clearly explained and clarified to the public, in any press releases, and the “expert” should testify at any Grand Jury inquest.
    If you have ever faced a Grand Jury comprised of people who know nothing about firearms or “use of force”, it is a frightening scenario and you will face some of the dumbest questions of your life. Not every officer can clearly articulate “use of deadly force” or convey it in a manner easily understood by the lay juror so it is absolutely essential to have some “expert” explain it clearly and in detail.

  17. As a retired LEO, Firearms Instructor,and having been in a LEO shooting,
    I believe it imperative for the PD to bring forth an “expert witness” ASAP who can explain “use of force doctrine” and correct application of “use of deadly force”. It needs to be clearly explained and clarified to the public, in any press releases, and the “expert” should testify at any Grand Jury inquest.
    If you have ever faced a Grand Jury comprised of people who know nothing about firearms or “use of force”, it is a frightening scenario and you will face some of the dumbest questions of your life. Not every officer can clearly articulate “use of deadly force” or convey it in a manner easily understood by the lay juror so it is absolutely essential to have some “expert” explain it clearly and in detail.

  18. Retired Police Officer sounds pretty good these days. However I have family who have followed in my footsteps and police work is never out of your blood.
    I am praying that things will simmer down. I do like the push back from Wisconsin Sheriff, NYC PBA who wrote letters for each 36,000 officers signed requesting Mayor DiBlasio and City Council spokeswoman Vevirito not attend any NYPD funerals ever again due to the lack of respect they have displayed towards them. Dade County PBA made a video with a big PR push for the good side of police officers and the tough jobs we have, many more need to stand up and defend law enforcement because we’re not killers, we’re not the bad guys here were here do perform an honorable task that sometimes calls for taking of a life in order to save your own or that of someone you have a duty and oath to protect. Not retreat.
    Than you Mas for always being so positive, you’ve been a great teacher to me. I pinned my badge on in 1978 and watched countiess training videos you made, read books and so many of your articles to better my skills.

  19. Retired Police Officer sounds pretty good these days. However I have family who have followed in my footsteps and police work is never out of your blood.
    I am praying that things will simmer down. I do like the push back from Wisconsin Sheriff, NYC PBA who wrote letters for each 36,000 officers signed requesting Mayor DiBlasio and City Council spokeswoman Vevirito not attend any NYPD funerals ever again due to the lack of respect they have displayed towards them. Dade County PBA made a video with a big PR push for the good side of police officers and the tough jobs we have, many more need to stand up and defend law enforcement because we’re not killers, we’re not the bad guys here were here do perform an honorable task that sometimes calls for taking of a life in order to save your own or that of someone you have a duty and oath to protect. Not retreat.
    Than you Mas for always being so positive, you’ve been a great teacher to me. I pinned my badge on in 1978 and watched countiess training videos you made, read books and so many of your articles to better my skills.

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