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- Raul Reyes: Grand jury decided not to indict Officer Darren Wilson; prosecutor key in this
- He says Robert McCulloch compromised grand jury from start, should have recused himself
- His giving grand jury voluminous evidence made it seem he was acting to protect Wilson
- Reyes: Decision an affront to the fundamental American value we are all are equal under law
Editor's note: Raul A. Reyes is an attorney and member of the USA Today Board of Contributors. Follow him on Twitter @RaulAReyes
(CNN) -- A little over two days. That's how long the grand jury deliberated before deciding not to bring an indictment against Darren Wilson, the police officer who shot and killed Michael Brown in Ferguson, Missouri on August 9. St. Louis County Prosecutor Robert McCulloch announced the grand jury had heard more than 70 hours of testimony from 60 witnesses before reaching its decision, which he said was supported by physical evidence.
Sadly, the grand jury's failure to return an indictment of Wilson was not surprising. But don't blame the grand jury; blame McCulloch. He oversaw the proceedings and bears responsibility for their outcome.
McCulloch compromised the Ferguson grand jury proceedings from the start. He resisted calls to recuse himself, saying, "I have absolutely no intention of walking away from duties and the responsibilities entrusted in me by the people of this community." However, the community would have been better served if he had stepped aside.
The Rev. Carlton Lee of Flood Christian Church, which was torched in the wake of the grand jury's decision in the Michael Brown shooting, speaks during a Thanksgiving service at Wellspring Church in Ferguson, Missouri, on Thursday, November 27. Ferguson has struggled to return to normal since Brown, an unarmed black teenager, was killed by Darren Wilson, a white police officer, on August 9. The grand jury's decision not to indict Wilson prompted new waves of protests in Ferguson and across the country.
Neighbors paint a boarded-up storefront in Ferguson on November 27.
An officer redirects traffic as police keep part of a street closed in Ferguson on November 27.
Members of the National Guard man a checkpoint at a Ferguson shopping mall on November 27.
National Guard troops, who were called up by Gov. Jay Nixon to help maintain order, help with security at the mall on Wednesday, November 26.
National Guard troops are seen in Ferguson on November 26.
Nick Ahmad, owner of Elite Liquor, peers out of the store's door while waiting for customers on November 26. Ahmad paid $3,000 to hire several residents from the community to stand guard outside his business and deter looters.
Snow falls as the Missouri National Guard watches protesters outside of the Ferguson Police Department on November 26.
A protester is helped after being pepper-sprayed on November 26.
A protester holds her hands up in front of police on Tuesday, November 25.
Police arrest a protester November 25.
Protesters vandalize a police vehicle outside Ferguson City Hall on November 25.
Police stand guard near Ferguson City Hall during protests on November 25.
Smoke engulfs a police officer on November 25.
Police take a protester into custody on November 25.
Protesters stand across the street from the Ferguson Police Department on November 25.
Protesters face off against a police officer on November 25.
Protesters link arms in front of the Ferguson Police Department on November 25.
National Guard troops secure the police station in Ferguson on November 25.
Police officers walk past the smoldering remains of a beauty supply store on November 25.
A woman cleans up glass from a business' shattered window on November 25.
A Ferguson firefighter surveys rubble at a strip mall that was set on fire overnight.
Protesters run away after police deployed tear gas in Ferguson on Monday, November 24.
Police take position during clashes with protesters on November 24.
A protester stands in front of police vehicles with his hands up on November 24.
Police in riot gear move past a burning vehicle on November 24.
A looter in Ferguson walks out of a burning Walgreens on November 24.
Riot police clash with protesters on November 24.
Firefighters work on extinguishing a Little Caesars restaurant on November 24.
Smoke fills the streets of Ferguson as buildings burn on November 24.
Police officers grab a protester on November 24.
A woman treats her face for possible tear gas exposure on November 24.
People walk away from a burning storage facility on November 24.
A man steps out of a vandalized store on November 24.
A police officer runs by a burning police car on November 24.
Police officers stand guard as protesters confront them on November 24.
Protesters block streets in St. Louis after the announcement of the grand jury's decision on November 24. Ferguson is a suburb of St. Louis.
Police confront protesters in Ferguson on November 24.
A police officer points his rifle at demonstrators on November 24.
Protesters run for shelter as smoke fills the streets of Ferguson on November 24.
The glass windows of a store are shattered on November 24.
A demonstrator listens to a car radio as the grand jury's decision is delivered in front of the Ferguson Police Department.
Lesley McSpadden, mother of Michael Brown, is escorted away from the Ferguson Police Department on November 24.
A group of protesters vandalizes a police vehicle in Ferguson on November 24.
Police officers confront protesters on November 24.
Demonstrators block traffic during a protest in front of the Ferguson Police Department on November 24.
Demonstrators gather outside the police station on November 24. The man in the green sleeves is Michael Brown's stepfather, Louis Head. In a video of the scene from the New York Times, Brown consoles a tearful McSpadden and then tells the crowd to "burn this mother f---er down."
Protesters gather as they wait for the announcement of the grand jury decision on November 24.
Members of the media line up in a parking lot across from the Buzz Westfall Justice Center on November 24.
Residents begin to gather at the Michael Brown memorial ahead of the grand jury announcement.
National Guard troops arrive ahead of the grand jury announcement.
Members of the Missouri National Guard are escorted out of the Buzz Westfall Justice Center.
Demonstrators are confronted by police as they block a street before the grand jury announcement.
Ferguson reacts to grand jury decision
Ferguson reacts to grand jury decision
Ferguson reacts to grand jury decision
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Photos: Unrest in Ferguson
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McCulloch's father was a police officer killed in a shootout with an African-American suspect. His brother, uncle and cousin served with the St. Louis Police Department, and his mother worked there for 20 years as a clerk. Newsweek noted McCulloch's "long history of siding with the police." For the sake of impartiality, McCulloch should have let a special prosecutor take over the case.
The grand jury only needed to find "probable cause" to charge Wilson. That's one of the lowest legal standards in our justice system, below "beyond a reasonable doubt" (required for a criminal conviction) and "preponderance of the evidence" (the standard in a civil trial). The fact that McCulloch did not get an indictment for a killing that shocked the nation raises questions about whether he really wanted an indictment.
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"We will be presenting absolutely everything to this grand jury," McCulloch said in August. Yet in grand jury proceedings, the prosecutor typically shows the minimal amount of evidence necessary to establish that a trial is merited. By dumping so much evidence on the grand jury, McCulloch may have overwhelmed them and led them to the wrong conclusion. In the process, he's opened himself to charges that he was acting to protect Wilson.
Opinion: Why I feel torn about the Ferguson verdict
Consider McCulloch's time frame for the grand jury, which The New York Times described as "prolonged and exhaustive." Grand juries routinely return criminal indictments in a matter of days. But the Ferguson proceedings dragged on for months, putting a burden on the jurors to recall everything and then decide wisely. Another red flag was that this lengthy process was riddled with leaks, all of which supported Wilson's account of the events.
Worse, McCulloch declined to recommend charges to the grand jury. Prosecutors normally walk a jury through the charges they are seeking, breaking them down and explaining why they are deserved. McCulloch instead left the Ferguson grand jury to sort through terms such as "voluntary manslaughter" and "involuntary manslaughter in the second degree" on their own -- making it more likely that they would not seek an indictment.
Jackson: Civil rights have been violated
Breaking down the Ferguson decision
Smoke bombs fired on Ferguson crowds
In fact, McCulloch could have brought charges directly against Wilson, circumventing the grand jury. He chose not to do so, which is a troubling indicator of his interest in aggressively prosecuting this case.
Opinion: Ferguson shows failure at every level
Sure, there are conflicting accounts of what transpired between Wilson and Michael Brown. Was Wilson in fear for his life, as he told investigators, when he and Brown struggled for his gun? Did Brown have his hands up when he was fatally shot? We will never know, because there will be no trial. That's a tragedy for the Brown family and an affront to the fundamental American value that we all are equal under the law.
The grand jury's decision has implications far beyond Ferguson. Gallup polling has found that African-Americans have less confidence in the criminal justice system than white Americans, while a W.W. Kellogg Foundation report found that 68% of Latinos report being worried about police brutality. Wilson walking free will likely reinforce the views among communities of color that our justice system is unfair. And when significant segments of our population lose faith in our justice system, our democracy is weakened.
The Ferguson decision reflects poorly on prosecutor McCulloch. His flawed grand jury proceedings ensured that justice was not served for Michael Brown.
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