CLAYTON, Mo. (AP) – A Missouri judge gave strong indications Friday that he might toss a lawsuit by four activists seeking an independent investigation of a prosecutor’s handling of grand jury proceedings in the Michael Brown shooting case.
St. Louis County Circuit Judge Joseph Walsh III heard 90 minutes of arguments before deciding to resume the hearing on May 29. But he told the activists’ attorneys that an outside investigation may be unnecessary, since the U.S. Justice Department reached the same conclusion as the county grand jury that declined to prosecute Darren Wilson, the white Ferguson police officer who shot and killed Brown, a black, unarmed 18-year-old.
The activists want Walsh to appoint a special prosecutor to investigate what they claim was misconduct on county prosecutor Robert McCulloch’s part.
Maggie Ellinger-Locke, an attorney for the activists, insisted that McCulloch acted in “bad faith” and “intended to prevent all of the evidence (from being presented) to the grand jury” out of a desire to not have Wilson charged. She noted that Wilson was allowed to tell the grand jury his version of his and Brown’s encounter last summer. Potential defendants seldom are allowed to testify during the secret proceedings, she said.
Peter Krane, the county counselor representing McCulloch’s office, urged the judge to throw the lawsuit out. He said the activists failed to show McCulloch committed any willful or fraudulent violations of his duties or neglected his responsibilities.