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Letter to Prosecutor Timothy McGinty regarding Tamir Rice police officers' waiver of Fifth Amendment privilege against self-incrimination

Friday, December 4, 2015

Prosecutor McGinty should recall the officers responsible for 12-year-old Tamir Rice's death back to the grand jury and vigorously cross examine them.

Under the U.S. Supreme Court case Brown v. United States (1958), by taking the oath and reading prepared statements to the grand jury—as the officers' counsel and union have admitted the officers did—the officers waived their Fifth Amendment privilege against self-incrimination.

For any prosecutor to tolerate targets of investigation failing to testify—and to fail to seek a court order forcing them to do so—is to deliberately throw the case. Vigorous cross examination exposes the truth. Failing to cross examine shows disinterest in the truth. No civilian target of any other homicide investigation would ever be afforded such special treatment.

Cross examination of the officers who killed Tamir would have exposed lies. For example, driver Frank Garmback said in a statement that the police car's windows were rolled up. (Of course they were—it was a cold, wintry day.)

But shooter Timothy Loehmann claimed he shouted out commands to Tamir as the car approached the boy? When? How? Through a closed window? Does he usually do that? Loehmann's testimony to the grand jury was absurd and the grand jury should have been shown that through a proper, vigorous cross examination.

Letter-to-McGinty-12-4-15.pdf for the letter to the prosecutor.

Click here for Subodh Chandra's video explanation for why this is important.

Related Practice Areas
Constitutional LawGovernment Ethics, Misconduct, Fraud, & AbusePolice Misconduct & Brutality

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