Good morning, everyone. This is September 16th, 2014, it is about 8:35 a.m. This is Kathi Alizadeh with the prosecutor's office, Sheila Whirley is present, as well as all 12 grand jurors, and the court reporter is present taking down and recording what is being said.
Some housekeeping notes to start. I'm going to pass out to you all, you all are going to receive a copy of a statute. It is section 563.046, and it is, it says law enforcement officers use of force in making an arrest. And it is the law on what is permissible, what force is permissible and when in making an arrest by a police officer.
I also want to point out to you, I know you have probably heard or know that there also is a joint federal investigation that's going on at the same time.
And several of our witnesses that you are going to hear from are also being interviewed by FBI agents or federal agents. And I want you to make sure you understand the issues that are before you, may be different than the issues in any federal investigation.
Their investigation involves civil rights violations. This investigation involves whether there is criminal liability on the part of the officer involved in the shooting.
So I can't tell you what the law is on the civil rights issues, but don't be confused about, you know, for example, what are the policies of the police department necessarily doesn't have anything to do with your decision. You certainly have the right to know these things if you wish to know these things, but keep in mind that there is a separate and distinct investigation going on by the feds involving civil rights violation or potential civil rights violation.
The other thing is, I messed up. I'm not perfect. Sheila will tell you that I'm not, but we've been marking our exhibits and normally when I have a trial I have all of my exhibits beforehand and I mark them all beforehand and I try to be very meticulous about my numbers. I have kind of been marking these as I go. This has all been coming in as we go, so I screwed up on the numbers. So I just want to clarify for the record in case you are keeping track of numbers.
Apparently I have two Grand Jury Exhibits 10.
So one is Detective photographs, he's the crime scene detective that went to the hospital and photographed Darren Wilson and the other one is a disc that I played for you that had Dorian Johnson's recorded statement.
I'm going to keep photograph as being Number 10 and I am now going to make that disc of statements, it is going to be Number 17.
And then apparently I have two Number 9s. One Number 9, I don't know that I have used with you all yet. I have marked it, and it is a set of printed photographs that were taken by the morgue personnel, not the autopsy photos that we saw during Dr. testimony. These were separate photos that were taken by the employees at the Medical Examiner's Office in the morgue that are different than the autopsy photos. And those are going to remain Number 9.
The other Number 9 I have was a disc that had the news clips on it that we showed where Dorian Johnson had been interviewed or made certain statements on television programs. And so that disc is now going to be Number 16.
Unless you all see another issue or problem, I think right now we have 1 through 17. You might not have seen all of those, but as far as I know I don't have any duplicates other than that.
So I'll try to be a little more organized in numbering of the exhibits.
Does anybody see any other issues with duplicate numbers?
Okay. And then as we told you at the beginning of every day, we are just going to kind of give you a preview of what we are going to do. And so first we're going to listen to a recorded statement. The person being interviewed is a sergeant with the Ferguson Police Department, his name is He was the sergeant on duty on the date of the shooting and he was Darren Wilson's direct supervisor.
You will hear his statement. It is about an hour long. And then following his statement, Sergeant will be here to testify.
After that, we will present the testimony of Detective , who is a St. Louis County police detective, regarding an interview that he did of Darren Wilson.
And then we are going to present the testimony of
And she is an FBI agent and she also did an interview of Darren Wilson.
Then we will also present a recorded interview of Darren Wilson for you to listen, that's about 30 minutes.
And then finally, I anticipate that the afternoon will have Darren Wilson testifying for you this afternoon.
The morning is basically going to be statements that he has made during this investigation from various people and then he will be here to testify and answer your questions in the afternoon, all right?
So with that being said, the next piece of evidence is a disc that I have marked as Grand Jury Number 18.
(Deposition Exhibit Number 18 marked for identification.)