People have a tendency to believe anyone accused in a high-profile case is guilty. We need to let the investigation conclude before we convict.
Eleven years ago I authored a piece in the American Thinker called “The Baltimore Judicial Railroad.” In 2015, a long-term criminal named Freddie Gray was arrested by Baltimore police and placed in the back of a transport van. The officers failed to secure him property, and per multiple witnesses, Gray slammed his head against the inside wall, breaking his neck.
An overly ambitious Baltimore prosecutor, Ms. Marilyn Mosby, indicted the six police officers on multiple felonies. The cops were guilty of at worst department policy violation. She had the initial report and autopsy less than 24 hours before she announced the prosecutions. Mosby openly she stated she would try the officer she believed she had the best case against, in hope he would turn against the other defendants.
Fortunately not to be, the first case resulted in a hung jury, the next two defendants requested trial by judge and were acquitted. Ms. Mosby then dropped charges against the final three in her failed attempt to prosecute officers for crimes they did not commit.
I thought of this incident in the last few weeks with the two latest open and shut cases out. First, Jane Doe, a student at Cornell University, two years after the incident, is suing the university and seven students who allegedly raped her at a fraternity party. From National Review, “…Jane Doe noticed bruising the next morning and medicated herself for a possible urinary tract infection, and that she filed a report with the university 19 days after the alleged assault…we are not told whether she ever sought medical attention or told anybody else what happened before then…While Ms. Doe did provide a very detailed six page statement to the District Attorney who declined charges.”
The other is a Nolan Wells, an 18-year-old black man who apparently drowned during a July 4th celebration on the Mississippi Gulf Coast. Per the Mississippi State Medical Examiner’s report, his cause of death was “undetermined and inconclusive.” By witness accounts, Mr. Wells fell off a boat and may have injured his head but continues to socialize with others afterwards. When his body was found later that day, Wells did have injures to the neck that were not fatal. These facts were confirmed by a second autopsy conducted at the request of Mr. Wells’ parents.
In the aftermath of the Cornell incident, I’ve seen countless social media post calling for the practical lynching of the seven students and demanding “Justice for the Survivor.” As I type this a protest of thousands at Cornell is concluding, calling Ms. Doe a “victim.” Ok, I don’t question rape is a serious crime, and if they did it, they should be held to account. After an investigation, and by a court of law.
Forgive me if I pull back and look at this incident with a detached view, but an investigation requires that. You have an accusation of a two-year-old sexual assault. The initial report was not made to local cops, but the school police, nineteen days after the alleged event. I mention that because university police do not have the resources that the local police department or sheriff have. We also don’t know if Jane Doe required/requested medical attention afterwards, and if so, where are the records. In summary, at this moment, they don’t have much of a case to go on.
Looking at Mr. Wells’ case, it is tragic, but accidental death is not a crime. The case was investigated by local authorities and reviewed by a grand jury that found no evidence of criminal wrongdoing. Now Mr. Wells’ parents have engaged the services of a lawyer who gives shysters a bad name, Benjamin Crump. I’ll cut the parents some slack, they are going through the greatest nightmare any human can imagine. But that does not change the facts as now known. Their son sadly passed because of an accident.
Have we seen this movie before? I think so.
In 2006, a politically ambitious prosecutor named Mike Nifong attempted to make his career with the unjustified persecution of three members of the Duke University lacrosse team for raping a stripper. The case fell apart and Nifong lost his law license, but still the three young men are “rapists” in the eyes of countless people for life.
In August 2014, Fergerson MO police officer Darren Wilson shot robbery suspect Michael Brown after Brown attempted to take Wilson’s weapon. In the immediate aftermath of the incident, dozens of “witnesses” said Brown had his hands up, attempting to surrender when Wilson fired. The Obama Just-US department entered with the open desire to destroy the officer and his department. After the DNA evidence in Officer Wilson’s car was recovered and the autopsy report showed the rounds entered Brown’s upper arms, these witnesses who were screaming “Hands up! Don’t Shoot!” revised their statements. The full investigation completely exonerated the officer who was forced to quit law enforcement and go into hiding with his family.
In 2012, a neighborhood watch volunteer named George Zimmerman got into a disturbance with Trevon Martin, a 17-year-old high school student. In the following fight, Zimmerman fatally shot Martin. In the immediate aftermath, the false narrative was pushed that Zimmerman, the “White-Hispanic” shot Zimmerman only because he was a black male. Forensic evidence later showed the only injuries on Martin, besides the bullet entry wound, were to his hands, consistent with him punching Zimmerman. Zimmerman’ injuries were to his face and back of his head, indicating he punched in the head. After two grand juries no billed, the trial still proceeded. The prosecution’s chief witness was destroyed on defense cross examination. She first stated she wrote a note on the incident to herself in cursive. When the defense attorney asked her to read it, she said she did not know how to rear or write in cursive. The jury acquitted on all charges.
There are countless other cases, but the point is the same. In high visibility legal matters, the initial impression is normally very wrong. Investigations take time, witnesses need to be interviewed, their statements examined for veracity, forensic evidence must be tested, etc. Television and movies constantly show DNA examinations finishing up in hours if not days. More accurately, weeks to months.
With the two latest cases, let us all sit back, permit the inquiries to go on, and have them conducted by trained investigators, not “experts” on cable networks. Justice is a slow, deliberate process for a reason. We’ve seen enough judicial railroads in the past to make us cautious with the state’s monopoly on the use of judicial power. As Sir William Blackstone said, “It is better that ten guilty persons escape than that one innocent suffer.”
Michael A. Thiac is a retired Army intelligence officer, with over 23 years experience, including serving in the Republic of Korea, Japan, and the Middle East. He is also a retired police patrol sergeant, with over 22 years’ service, and over ten year’s experience in field training of newly assigned officers. He has been published at The American Thinker, PoliceOne.com, and on his personal blog, A Cop’s Watch.
Opinions expressed are his alone and do not necessarily reflect the opinions of current or former employers.
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