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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 U.S. Supreme Court precedent, by taking the oath and reading prepared statements to the grand jury-as the officers' counsel and union has admitted they 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 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.

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:

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Related Practice Areas
Police misconduct & brutality

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