Summary: Roland Martin talks to Legal Analyst Midwin Charles about the lack of indictment of Officer Darren Wilson in the shooting death of Michael Brown in Ferguson. “This was a classic “how not to get an indictment”. I’ve been saying all along that I would be very surprised if this grand jury came back with an indictment. People get indicted all day everyday with absolutely no evidence,” Charles said. ROLAND MARTIN: Our folks out there still continue to have lots of dialogue as it relates to what took place in Ferguson last night, more than 40 folks were arrested. We also had these spontaneous protests taking place all across the country shutting down highways, bridges, you name it, New York City, Boston, Los Angeles, Dallas, I mean 13, 15 different cities where you had these spontaneous protests and it was great to see folks step out there and show their activism, but still lots of questions being raised with regards to the grand jury as well as how prosecuting attorney Bob McCulloch, how he worked this case. Joining me right now is legal analyst Midwin Charles. And Midwin, going through this testimony of Dan Wilson, it is stunning, it is stunning to see the ineptness of this prosecuting attorney, in fact yesterday being prompted over at a news conference that a first year law student could’ve done better. And I’m going to ask you this, this is very interesting; so in volume 1 of the grand jury testimony, on page 9, lines 15 through 25, McCulloch says that he gave the grand jury everything including quote statements that are floating around on the internet and nobody knows who’s making that statement. Why in the hell would a DA give a grand jury testimony that cannot be collaborated that literally he pulled off of the Internet? MIDWIN CHARLES: Because that DA does not want an indictment. I mean you just can’t get around that, but good morning Roland, and good morning everybody. This is what a District Attorney does when they don’t want an indictment. I mean this is a classic how not to get an indictment approved. The entire process from day one has been this way and I’ve been saying all along on CNN and MSNBC that I would be very surprised if this grand jury came back with an indictment. And I was right. I was right. Not only did he present everything to the grand jury, including the kitchen sink, which you never do, as a prosecutor you focus the information that you give the grand jury, you don’t inundate them with information. You focus it, it’s narrowly tailored, and it only focuses on the information that shows that this person probably committed a crime. I got to let your viewers, not your views, but your listeners, understand that probable cause is such a low standard. I mean people get indicted all day every day onabsolutely no evidence. The fact that this lasted this long, 25 days over the course of three months, 60 witness, three different autopsies, you never, ever see that in a grand jury proceeding, even in cases that are (inaudible) that’s something I’ve been saying all along. This is not a complex case, Roland. It involves one man who pulled the trigger seven times, and it involves another young man who dies, and perhaps some forensic evidence and some physical evidence, and a few witnesses, that’s it. You know, when you’re looking at other cases, for example, you know, I’ve had experience with federal crime cases. When you’re looking at cases that are complex, I’m talking multiple defendants, I’m talking conspiracy charges, you don’t even see 60 witnesses in those kind of grand jury proceedings, I mean they get in, they get out. Listen to the Tom Joyner Morning Show 24/7! WEEKDAYS: listen continuously every 4 hours starting live Monday – Friday at 6am ET. Catch Tom Joyner's Right Back at Cha every WEEKEND: starting at 6am ET Saturday – 5:59am ET Monday. ROLAND MARTIN: Well, also what was interesting is that in terms of how he conducted this grand jury,
