What we may learn from Breonna Taylor grand jury recordings

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The almost unprecedented effort by one grand juror to force the release of records of the proceedings that returned no indictments in the death of Breonna Taylor could shed light on a typically secret process.

The almost unprecedented effort by one grand juror to force the release of records of the proceedings that returned no indictments in the death of Breonna Taylor could shed light on a typically secret process that criminal-defense experts say can be abused by prosecutors to deflect responsibility onto anonymous citizens.

The other two officers involved in the case, Sgt. Jonathan Mattingly and police Detective Myles Cosgrove, who fired the shot that killed Taylor, were not charged. Cameron said their actions were justified because Taylor’s boyfriend shot at them first. The decision outraged Taylor’s supporters and sparked protests in Louisville and across the nation.

That central question seemed to spur the anonymous grand jury member to seek to shed light on a process that is legally and intentionally withheld from the public. The juror, according to the motion, disagreed with how Cameron characterized the outcome of the proceedings. The grand jury is indeed an independent body with the legal authority to consider other charges. “But they’re not lawyers,” said Andrea Roth, a criminal law professor at the Berkeley School of Law, in an interview with Yahoo News. “So they rely on the prosecutor to figure out which charges would make sense.”

“The prosecutor gets to put on whatever evidence they want,” Roth said. “They don’t have to put on exculpatory evidence, meaning evidence that tends to show that the defendant is innocent. They can pick and choose. They can cherry-pick the evidence that they put in front of the grand jury.” Roth mentioned another high-profile case, the 2014 shooting death of Michael Brown, as an example of a grand jury proceeding that was publicly disclosed. Robert McCulloch, then the St. Louis County prosecuting attorney, released the materials after a grand jury decided not to indict Ferguson police Officer Darren Wilson in Brown’s death.

 

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