St. Louis Prosecutor Says He Knew Ferguson ‘Witness 40’ Lied Under Oath And He Will Not Prosecute Her

Posted by | December 20, 2014 09:30 | Filed under: News Behaving Badly Politics Top Stories


St. Louis prosecutor Bob McCulloch broke his silence on Friday saying that he knew that witnesses testifying before the grand jury after Ferguson police officer Darren Wilson shot Michael Brown to death, were lying and he will not prosecute them.

McCulloch told radio station KTRS that he allowed witnesses he knew were lying to testify to the grand jury, Buzzfeed reports.

KTRS: Why did you allow people to testify in front of the grand jury in which you knew their information was either flat-out wrong, or flat-out lying, or just weren’t telling the truth?
McCulloch: Well, early on, I decided that anyone who claimed to have witnessed anything was going to be presented to the grand jury.
And I knew that no matter how I handled it, there would be criticism of it. So if I didn’t put those witnesses on, then we’d be discussing now why I didn’t put those witnesses on. Even though their statements were not accurate.
So my determination was to put everybody on and let the grand jurors assess their credibility, which they did. This grand jury poured their hearts and souls into this. It was a very emotional few months for them. It took a lot of them.
I wanted to put everything on there.
I thought it was much more important to present everything and everybody, and some that, yes, clearly were not telling the truth. No question about it.

McCulloch went on to say that he would not charge any of the witnesses he said “absolutely lied under oath” with perjury.

McCulloch’s description of the woman who “clearly wasn’t present” was in reference to Sandra McElroy, whose jaw dropping social site posts were recently revealed.

McElroy flat-out lied about being a witness to the shooting while siding with Darren Wilson.

Buzzfeed notes, ‘According to Missouri Rules of Professional Conduct, RULE 4-3.3, “A lawyer shall not knowingly offer evidence that the lawyer knows to be false.”’

The law also states that a lawyer “may refuse to offer evidence, other than the testimony of a defendant in a criminal matter, that the lawyer reasonably believes is false.”

Watch:

Image: Reuters

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32 responses to St. Louis Prosecutor Says He Knew Ferguson ‘Witness 40’ Lied Under Oath And He Will Not Prosecute Her

  1. lcdrjsm December 20th, 2014 at 09:47

    Is this not subornation of perjury?

    • rg9rts December 20th, 2014 at 10:08

      Violation of his oath of office??

  2. lcdrjsm December 20th, 2014 at 10:47

    Is this not subornation of perjury?

    • rg9rts December 20th, 2014 at 11:08

      Violation of his oath of office??

  3. Tommy6860 December 20th, 2014 at 09:49

    When I read that yesterday and McCullough admitted this, I was beside myself. This is a blatant miscarriage of justice if this asshole isn’t fired, and the liar #40 isn’t prosecuted for perjury. I tweeted this story last night linked to The Guardian, and I was so mad my hands were shaking.

  4. Tommy6860 December 20th, 2014 at 10:49

    When I read that yesterday and McCullough admitted this, I was beside myself. This is a blatant miscarriage of justice if this asshole isn’t fired, and the liar #40 isn’t prosecuted for perjury. I tweeted this story last night linked to The Guardian, and I was so mad my hands were shaking.

  5. mea_mark December 20th, 2014 at 09:53

    McCulloch is an idiot involved in a cover-up by law enforcement. Can we do something about this please.

    • whatthe46 December 20th, 2014 at 15:33

      he also lied when he said he had to put them on to test their credibility. that’s for a trial jury and even then he’s not suppose to put witnesses on that he knows are lying. he’s only suppose to present evidence that supports a conviction. let the jury (trial) sort it out.

  6. mea_mark December 20th, 2014 at 10:53

    McCulloch is an idiot involved in a cover-up by law enforcement. Can we do something about this please.

    • whatthe46 December 20th, 2014 at 16:33

      he also lied when he said he had to put them on to test their credibility. that’s for a trial jury and even then he’s not suppose to put witnesses on that he knows are lying. he’s only suppose to present evidence that supports a conviction. let the jury (trial) sort it out.

  7. rg9rts December 20th, 2014 at 10:07

    Didn’t he take some sort of oath of office where he promised to uphold the law???? The state has no recourse???

  8. rg9rts December 20th, 2014 at 11:07

    Didn’t he take some sort of oath of office where he promised to uphold the law???? The state has no recourse???

  9. William December 20th, 2014 at 10:36

    Another reason I am grateful that in my home state local DA’s are NEVER involved in police shootings. All police shootings are handled by the State Attorney Generals office.
    Normally I am against Federal involvement with municipal law enforcement, but in this case I feel the Justice department needs to swoop in, and start handing out subpoenas. Perjury used to be a crime.

    • FatRat December 20th, 2014 at 11:04

      http://www.dailykos.com/story/2014/12/12/1351303/-Hannity-s-favorite-witness-
      for-Darren-Wilson-is-a-self-admitted-racist-with-severe-memory-loss

      Don’t forget these gems.

      PAGE 154: FBI agent flat out tells Witness #40 that her story of exiting Canfield in her car is impossible.

      PAGE 160: Witness states, “Reading is not the easiest thing. And then when I start to read the words get jumbled and I get bored.”

      PAGE 161: Witness states she had a head-on car collision with a traumatic brain injury and it impacts her short-term memory.

      PAGE 170: Witness admits to commenting on articles about the cases for weeks before she ever claimed to be a witness.

      PAGE 98: The witness, for the first time, admits to being bipolar and taking medication for it.

      PAGE 103: Witness now admits getting some of the details of her prior testimony off of the internet.

      • William December 20th, 2014 at 11:44

        WOW. Thanks for the link. One could easily take this information and craft a law school course entitled “How not to be a lawyer”. If this had been an actual jury trial, the grounds for appeal/mistrial would be obvious to even the most casual observer. As Edmeyer accurately posted above. The Agenda was to keep the murderer from being charged.

        • FatRat December 20th, 2014 at 12:02

          Glad you enjoyed the link.

  10. William December 20th, 2014 at 11:36

    Another reason I am grateful that in my home state local DA’s are NEVER involved in police shootings. All police shootings are handled by the State Attorney Generals office.
    Normally I am against Federal involvement with municipal law enforcement, but in this case I feel the Justice department needs to swoop in, and start handing out subpoenas. Perjury used to be a crime.

    • FatRat December 20th, 2014 at 12:04

      http://www.dailykos.com/story/2014/12/12/1351303/-Hannity-s-favorite-witness-
      for-Darren-Wilson-is-a-self-admitted-racist-with-severe-memory-loss

      Don’t forget these gems.

      PAGE 154: FBI agent flat out tells Witness #40 that her story of exiting Canfield in her car is impossible.

      PAGE 160: Witness states, “Reading is not the easiest thing. And then when I start to read the words get jumbled and I get bored.”

      PAGE 161: Witness states she had a head-on car collision with a traumatic brain injury and it impacts her short-term memory.

      PAGE 170: Witness admits to commenting on articles about the cases for weeks before she ever claimed to be a witness.

      PAGE 98: The witness, for the first time, admits to being bipolar and taking medication for it.

      PAGE 103: Witness now admits getting some of the details of her prior testimony off of the internet.

      • William December 20th, 2014 at 12:44

        WOW. Thanks for the link. One could easily take this information and craft a law school course entitled “How not to be a lawyer”. If this had been an actual jury trial, the grounds for appeal/mistrial would be obvious to even the most casual observer. As Edmeyer accurately posted above. The Agenda was to keep the murderer from being charged.

        • FatRat December 20th, 2014 at 13:02

          Glad you enjoyed the link.

  11. edmeyer_able December 20th, 2014 at 11:27

    It as few words as possible HE WAS FOLLOWING HIS AGENDA TO NOT CHARGE THE MURDERER.

  12. edmeyer_able December 20th, 2014 at 12:27

    It as few words as possible HE WAS FOLLOWING HIS AGENDA TO NOT CHARGE THE MURDERER.

  13. Robert Merrill Taylor December 20th, 2014 at 11:52

    Is this not grounds for disbarment

    • whatthe46 December 20th, 2014 at 15:21

      he suborned (not sure spelled right don’t feel like googling) perjury. that is grounds.

  14. Robert Merrill Taylor December 20th, 2014 at 12:52

    Is this not grounds for disbarment

    • whatthe46 December 20th, 2014 at 16:21

      he suborned (not sure spelled right don’t feel like googling) perjury. that is grounds.

  15. paul fredine December 21st, 2014 at 10:51

    just one more reason to initiate a federal investigation, not just of the shooting itself but expanded to include the d.a.’s office. the man is either a moron or totally incompetent.

  16. paul fredine December 21st, 2014 at 11:51

    just one more reason to initiate a federal investigation, not just of the shooting itself but expanded to include the d.a.’s office. the man is either a moron or totally incompetent.

  17. MarkSaysThings December 21st, 2014 at 16:20

    By his tone it sounds like he was trying to include witnesses that actually hurt the officers case. As if he was afraid to throw out testimony for fear of pissing off the black community further.

  18. MarkSaysThings December 21st, 2014 at 17:20

    By his tone it sounds like he was trying to include witnesses that actually hurt the officers case. As if he was afraid to throw out testimony for fear of pissing off the black community further.

  19. agio December 22nd, 2014 at 11:33

    Shorter McCullogh, “I decided early on no one could make me do my job, so I wasn’t going to do it.”

  20. agio December 22nd, 2014 at 12:33

    Shorter McCullogh, “I decided early on no one could make me do my job, so I wasn’t going to do it.”

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