Thank you. I'm Bob McCulloch, the Prosecutor, for the record. I want to talk to you a little bit about this. As you are well aware of what we are here about and that is the shooting death of Michael Brown.
I want to tell you how this is going to proceed. Obviously, it is going to be different from a lot of the other cases that you've heard, that you've heard during your term.
First things first. Let me introduce, I say a lot of this you already know. These two ladies, for the record, Kathi Alizadeh, Shelia Whirley, they will be the primary, if not the exclusive attorneys working in the grand jury on this case.
Obviously, I hope, obviously, there be a lot of other people working on things outside of us getting it ready for the presentation that will be made by Kathi and/or Sheila.
Kathi was the prosecutor I have on call for the month of August for all homicide calls. So she received the call about this shooting within minutes of the time the County Police were notified by the Ferguson Police. So she has been working with the police and lots of other things on this since the very beginning.
My procedure is always that I have a prosecutor on call solely for homicide cases and they stay with that case from start to finish, whatever that ultimately may be.
Sheila, as you know, has been assigned to the grand jury for this term and so she will continue with this grand jury on this case for as long as it does take.
There are a few things I do want to go over, first and foremost, to tell you that this is the first, last and probably the only time I think that you will see me in relation to this case. Certainly in the grand jury. Everything that we do, everything that you do, will be recorded with the court reporter, who is under the same oath, essentially, as all the witnesses.
As I said, Kathi and Sheila will be the primary attorneys, the attorneys responsible for presenting everything to the grand jury.
Really, I'm going to go over just a few things to make sure that we have kind of the ground rules, but the procedure covered.
As you know, your term ends on the lOth of September. You also have dockets, there is no docket next week, but on the 3rd and lOth, we have dockets. Those dockets will be adjusted, but they won't be canceled. But they will be adjusted to accommodate whatever time that we need for presentations on this case.
This case is still in the middle of an investigation, there is a lot going on and certainly you are well aware of what's going on in the evenings and during the day and even out in front of the courthouse here on occasions.
So there is a lot that is still going on with the officers gathering the evidence, evidence is being tested, being evaluated. I say evaluated, it is being looked at, firearms evidence, the firearms people are looking at that, DNA evidence, the DNA are examining that.
In addition, the federal government, U.S. Department of Justice, is doing a parallel, but an independent investigation of the same thing.
So a lot of, actually everything pretty much that the County Police or any other state or local department is doing is being replicated by the U.S. Attorney, by the FBI, or by the Justice Department, they are all part of the Justice Department.
As that is going back and forth and there is some witnesses they will be talking to that the County Police may not necessarily be talking to. Some that the County had talked to that they haven't or won't talk to. And so, but all of that will be traded. We're giving them all the statements we have, they are passing statements and any other information that they have on this matter back to us.
So it is still independent of one another, but sharing the information because what is significant to this case is also significant to theirs. They are looking at different possibilities.
The federal government and the state government are not the same. We have these criminal charges, they look at potential civil rights violations, but for the same conduct that we are looking at for any potential criminal violations.
So that may add a little bit, a little bit of a delay. I really don't want to say a delay, but kind of giving things to you out of order here somewhat. Like a trial, lots of information is going to come to you and it is going to come out of chronological order. We will kind of go through that just as a schedule. The schedule is just that.
There will be time if we have a particular area, just for example, the DNA evidence. If that is available or when that is available and all of it is available, not just part of it, we will have the time that is in the next two weeks to present that to you all at once. If it is a number of witness statements, we will present all of those to you. We will have it all organized and bring it in.
By the time everything is finished, you will have heard everything, you will have every statement, there will be as many witnesses to come in and testify.
If they made statements, you will not only get the statements they made, whether they are to police, FBI, or television or on the internet or anything else. If we've got those statements, you will have those statements. You will also have the witness who will come in and testify as to that.
Some certainly might be they are just statements that are floating around on the internet and nobody knows who is making that statement, but everybody is doing that and the FBI is doing what they can to locate any of those or the source of them.
So the schedule though after September lOth, your term is extended, and the only matter that you will hear anything on will be this Michael Brown case, the Michael Brown shooting. All you get is that so you won't have the docket. There will be another grand jury that starts the week after that who will be doing what you have been doing for the past four months.
By the way, greatly appreciate your service on that. I don't want to lose that in the message here. You have done a great job, a great service for the people of this county.
But the schedule will then, it is as flexible as flexible can be. It is the only matter that you have and so there is no requirement that you meet on Wednesdays. So whenever all 12 people are available, because all the evidence will be presented to all 12, so we get all 12 of you together, we will work with everybody's schedule.
Obviously, we want to be as expeditious as possible, but not rush through it. If that means we are meeting four hours in the morning and whatever works is what we are going to do. Saturdays, evenings, however it works for everybody's schedule, and as long as you get it. If all 12 of you have an entire day, we will have an entire day.
If you have four hours sometime, we will work all of that out, but we will work, obviously, around your schedules and you know how that's been. It is a little easier, I suppose, when you could tell family and employers and the like every Wednesday you had to be gone. So this will be a little different, so we will have to coordinate all of that.
Also, not necessarily a requirement, we do want to meet here, but there is no requirement of that. If it turns out to be a Wednesday, then we'll figure out something on that.
Everything will be recorded. Starting with the oath by the court reporter and everything that I'm saying now and everything that anybody says, whether it is a witness, whether it is one of the attorneys, or one of the jurors, will be recorded as we are going along.
The value in the court reporter is that we're getting at least a rough transcript as we are going along. So that will, we won't have to wait six months for all of these tapes to be typed up if we did it in some other fashion.
The other is that the questions, you know, unlike a trial jury, you know, you can and have been discussing what you've heard on perhaps between witnesses or during breaks and the like. Remind you that's part of your deliberation and so none of that happens while there is anybody else in the room and that includes, of course, the attorney and the court reporter.
At the end of every witness, the reporter will make an announcement that essentially he is going to finalize the disc. For every witness who testifies and every session of their testimony, there will be a separate disc made so that when he finalizes that, what it does is it finalizes the disc.
After that, it can't be altered, nothing can be added, nothing can be deleted. And so if that witness comes back at some other time, there will be a separate disc for that and we will do the same. We will do that with every person who comes in and testifies.
You will have presented to you every bit of evidence from the photos, from the scene of the shooting, diagrams of that, the physical evidence that was seized at the time, at the location, the DNA evidence, anything and everything that pertains to this case will be presented to the grand jury. It will all be available to you for your review as it is coming in.
Sheila, primarily, will be at least getting things started in terms of asking the witness questions, much as you've seen her for the whole summer doing that.
Jurors, and you're experienced enough now that you can ask whatever questions you want to ask. Any item, anything you want to ask any witness, absolutely ask that information.
If something occurs to you sometime after that witness is gone, we will get the witness back at some point and ask those questions again. If somebody else says something, you need to clarify it, we will get witnesses back to do whatever it is that you need done.
The one thing we can't do in terms of questions, let me back up a little bit on that while we are talking about the records on that.
Just remember that it is going to take a few minutes to finalize this disc once that witness is finished testifying. So if you have discussion, you want to talk or ask each other questions, anything at all about that, make sure you wait long enough that that is finalized and they understand
is out of here and the attorneys out of here. They will stick around long enough to remind you of that, wait until everybody is gone before you talk about it because that's, that's not something that anybody but the jurors hear.
If you have a question about procedure, the attorneys will answer that. Who is coming in next, you know, we are taking a break now or can we take a break now, anything along the procedure the attorneys will certainly answer that.
If you have a question about what a witness said or what is going on or did this witness say this, they're not going to answer those questions. If anything, we will get the witness back to answer any more questions that you asked, but we are not going to answer those questions.
Just a couple other things. I assume the judge talked to you this morning, of course, about your oath, of course, both very similar to what
just took, whatever the witness will take, that these are confidential proceedings, that nothing leaves this room unless and until ordered by the court or some other legal method. I will talk about those in just a second.
The other is the confidentiality and the oath and the anonymity. You are anonymous. You are protected by law from all, your names are not public, your addresses, no information about you is public.
There may be some, the demographics of it, I think that is information that can be passed out in terms of, you know, race, gender.