It's interesting the way people think when prosecutors are presenting cases against cops to a grand jury, they're meant to present all the evidence good and bad.

I promise you this is *not* what they do when they present against ordinary people. They try to get an indictment.
The only duty a prosecutor has is not to mislead a grand jury and to present what would be described as exculpatory evidence. For instance, if a defendant had a credible alibi a prosecutor would have to inform the grand jury.
But presenting a state witness who argues that the defendant was justified in killing someone, no. Absolutely not. Never ever.
If a defendant testifies before the grand jury and argues that they were justified in killing someone, then their lawyer can request the prosecutor charge the grand jury as to the defense of justification, but you have no way of knowing whether they did.
Because you have to ask outside the presence of the grand jury (a defense lawyer accompanies their client into the grand jury when they testify but literally can say nothing, not object, nothing) so the request is made to the prosecutor outside the grand jury's presence.

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More from @DrRJKavanagh

23 May
People celebrating @NewYorkStateAG's proposed legislation that supposedly makes it easier to prosecute cops, should remember James presented the case against the cops who killed Daniel Prude to a grand jury, but also called an expert who testified that the killing was justified. Image
In that case, AG James claimed that she presented the strongest possible case to the grand jury in an attempt to indict the police officers, but she called Dr. Gary Vilke as the state's expert witness and he concluded that the cops were not responsible for Mr. Prude's death.
He concluded that Mr. Prude died due to "excited delirium." This is a diagnosis that is not recognized by the American Medical Association or American Psychiatric Association and is used to justify police violence against Black and Brown people. brookings.edu/blog/how-we-ri…
Read 12 tweets
19 May
CW: Police violence

Today @AP published video that shows LA police killing Ronald Greene in May 2019.

Police told Mr. Greene's family he died in a car accident.

In fact, they choked, beat, kicked & tased him as they dragged him face-down along the road.apnews.com/article/us-new…
As in the case of Andrew Brown, the state refused to released bodycam footage of the murder, and only showed it to the family months after the killing.

It still has not been released, two years later. @AP obtained the video independently. apnews.com/article/john-b…
When police took Mr. Greene to the hospital after he died, they told the emergency room doctor he had been in a fight after the car accident, but the doctor found taser prongs still in his back. apnews.com/article/louisi…
Read 8 tweets
16 May
This is wild. Dude is regularly on CNN talking about how he has rejected the legacy of Robert E. Lee to become a symbol of racial reconciliation. Turns out it's all a grift.

washingtonpost.com/politics/2021/…
I mean dude is convincing. I heard him and thought, wow this is kinda cool. And this is his website. Image
When you do look at his website tho, the grift is kinda apparent - I thought he was just a pastor, turns out he's written three books. So there's that. Image
Read 4 tweets
15 May
Remember Trayford Pellerin, the young Black man who was shot and killed by Louisiana police, two days before Kenosha police shot Jacob Blake?

On Tuesday, a grand jury failed to indict the cops, despite the fact that they shot him 11 times in the back as he walked away from them. Image
DA Donald Landry says that he presented second degree murder charges to the grand jury, but that he feels their decision not to indict the officers was justified.

Which almost certainly means he charged the grand jury as to the defense of justification.
theadvertiser.com/story/news/202…
Grand jury proceedings are always secret. But the DA in this case has shown an extraordinary lack of transparency.

The names of the police officers have not been released. The body camera footage of the shooting has not been made public.

theadvertiser.com/story/news/202…
Read 8 tweets
13 May
In six days, Quintin Jones is scheduled to be executed by the state of Texas.

Quin was just 20 when he killed his great aunt while under the influence of drugs. The family have forgiven him and don't want him to be executed. They are asking Governor Greg Abbott for clemency.
Quin has been in prison for 21 years. "Through prayer, sobriety, reconciliation with his family, and longstanding correspondence with pen pals he has found a way to lead a meaningful life and even to enhance the lives of others."
nytimes.com/2021/05/10/opi…
Quin's clemency application details the shoddy legal representation he received. His lawyers missed key filing deadlines and failed to challenge the central arguments in the prosecution's case. chron.com/news/houston-t…
Read 9 tweets
11 May
Why does @ChrisCuomo always have the worst defense lawyers on his show? This lawyer has been disciplined for professional misconduct for stealing client funds, making sexually explicit remarks to prosecutors and disparaging his own clients.

Foxitis is just a ploy for attention.
Mr. Hurley has been accused of demanding sex from an employee, has sent sexually explicit correspondence to prosecutors, made anti-Semitic and racist remarks to prosecutors, exhibited bizarre and grandstanding behavior in court and his demeaned colleagues.
delawareonline.com/story/news/loc…
In the @CuomoPrimeTime clip, he says he is not just a good attorney, but a superb one, and an honest one.

A good journalist would confront the lawyer with some of his record of misconduct. They would also make it clear to their audience.
Read 4 tweets

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