ST. LOUIS -- A judge has tossed out a push by activists for an independent investigation of a prosecutor's handling of grand jury proceedings in the Ferguson police shooting of Michael Brown, ruling that the effort was "not only logically flawed but contrary to the principles of our criminal justice system."
St. Louis Circuit Judge Joseph Walsh III, in a 10-page ruling filed last Thursday, wrote that he reached "the inescapable conclusion" that St. Louis County prosecutor Robert McCulloch "faithfully performed his duty" in connection with the grand jury, "even though some other person may have made the presentation to the grand jury in a different manner."
The grand jury in November declined to indict white Ferguson police officer Darren Wilson in last August's shooting death of 18-year-old Brown, who was black and unarmed. A U.S. Justice Department probe also cleared Wilson, who has resigned.
During two hearings on the matter since April, Walsh had telegraphed his inclinations to reject the lawsuit seeking a special prosecutor to review McCulloch's handling of the grand jury.
An attorney for the activists, Maggie Ellinger-Locke, said Monday her clients would challenge Walsh's ruling to a Missouri appellate court.
"We believe the judge's decision provides prosecutors carte blanche discretion to act arbitrarily in any given case," she told The Associated Press by telephone. "This is not the law, and on this basis we shall appeal."
Ellinger-Locke had argued the grand jury decision was inappropriately influenced by the conduct of McCulloch, whom she insisted "put his thumb on the scale" in Wilson's favor.
http://www.cbsnews.com/news/judge-tosses-bid-for-probe-of-ferguson-case-prosecutor/
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