Day: September 22, 2023
I’m not a lawyer. I’m going to go out on a limb and guess that the majority of the Metropolitan’s readers are also not lawyers. And while there are a few exceptions, I know most of my Facebook followers aren’t lawyers.
And yet, there are many people who seem to be so sure of their understanding about how a grand jury works, that they’re willing to take any decision made at face value — as proof of innocence or guilt.
That’s not actually how a grand jury works. In a grand jury hearing, the prosecution (usually only the prosecution) presents evidence in a relaxed setting to the grand jury, who decide whether to issue an indictment — whether there is enough evidence to charge someone with a crime. Since, traditionally, the defense doesn’t get a say, it’s pretty easy to get a grand jury to indict someone in most cases.
In fact, it’s so easy in most cases that a former New York state chief judge, Sol Wachtler, famously remarked that a prosecutor could persuade a grand jury to “indict a ham sandwich.”
On a federal level (different than the state level, like in Ferguson, Missouri, where most cases are brought before judges for an indictment rather then grand juries), in 2010 (the last year for which we have statistics), grand juries returned just 11 out of 162,000 violent crime cases without an indictment, according to the FBI’s Bureau of Justice Statistics.
There is one exception, and we saw it frequently in 2014: when a police officer is charged with a crime, a grand jury only rarely returns an indictment.
We saw this in action when a grand jury failed to indict Ferguson police officer Darren Wilson for the killing of unarmed black teenager Michael Brown, even on a charge of involuntary manslaughter. We saw it in New York, when a grand jury failed to indict NYPD officer Daniel Pantaleo in the choking death of unarmed Eric Garner (an indictment was, however, handed out for the man who videotaped Garner’s death, with about as much difficulty as it would take to indict a ham sandwich).
According to research by Philip Stinson , an assistant professor of criminal justice at Bowling Green State University, Ohio, only 41 officers in the United States were charged with murder or manslaughter between 2005 and 2011. Total numbers of officer-related shootings are unclear, as the FBI’s report of 2,718 “justified homicides” by officers over the same period is considered a low estimate, as police organizations aren’t required to submit their records to this report.
So why the discrepancy? If it’s so easy to indict for violent crime, why are so few officers indicted?
There’s a few theories. The first is that we’ve trained the public to trust police officers. That trust can be necessary for those officers to do their jobs, but it may be given too blindly: as the military intelligence community put it when I was in the Air Force, “trust, but verify.”
Since, in officer-involved shootings, the events are often the word of a police officer carrying a public trust versus a victim, who are often busy being dead and unable to defend themselves, grand juries may not give as much credence to evidence against police officers than they do to ordinary citizens.
Another possibility is that prosecutors, on whom much of the burden of securing an indictment in a grand jury falls, are naturally reluctant to push for the prosecution of the officers they have to work with, every day, to enforce the law. This isn’t necessarily something that happens consciously, but prosecutorial bias could easily be a factor, especially if combined with juror bias.
Finally, a misunderstanding in the general public of the lower standards of evidence needed to secure indictment, rather than the “beyond reasonable doubt” required for a conviction, could result in confusion on a jury — and certainly does in the court of public opinion.
Is there a way to fix this? Possibly, require a special prosecutor for all grand jury investigations or indictment hearings involving a police officer, to relieve prosecutors of the inherent conflict of interest in attempting to indict their co-workers. Another would be to do away with grand juries altogether, as a majority of the world has done, and bring charges against officers to a full trial, where guilt or innocence can be determined “beyond a reasonable doubt.”
Until we fix the problems with indictment in this country, justice won’t be done. Innocence, or guilt, is not determined in a grand jury.
Irakli Edzgveradze, a member of the Tbilisi Sakrebulo (City Council) from the United National Movement, was attacked this evening. He was beaten near his home in the Gldani district as he was returning from the Council meeting. Edzgveradze relates the incident to the altercation with Kote Zarnadze of the Georgian Dream party during the Council session earlier today. According to him, a group of members of the national football team were involved in the beating.
The incident was followed by a confrontation between UNM members and police in the Gldani district, after which police detained UNM members Nika Melia, Bacho Dolidze and Zviad Kuprava.
More to follow..
On September 22, Georgia’s Interior Minister, Vakhtang Gomelauri, responded to opposition questions about the Shovi tragedy in the Parliament by way of interpellation. Gomelauri was summoned to Parliament by Tina Bokuchava, Chair of the UNM faction, who submitted the request letter on August 14.
MPs address the Interior Minister with five questions. They were asking why the SMS early warning system was not implemented; why the rescue operations started with a delay of 3 hours; on what basis the government decided not to ask for international help in the search and rescue operations; what is the condition of the rescue equipment of the Emergency Situations Management Service of the Ministry of the Interior and how is it compatible with international standards; and on what basis the state refused to purchase two search and rescue helicopters (“HUEY II”) on a grant basis.
The Minister’s responses reiterated his previous statements. He claimed that rescue operations commenced as soon as possible, with rescuers arriving on site within 28 minutes, heavy machinery reaching the area in one hour, and helicopters arriving within three hours. According to him, this approach was the most optimal given the mountainous terrain and adverse meteorological conditions. He also noted that the landslide was sudden and substantial, causing all the victims to perish instantly, as evidenced by the severely deteriorated state of the recovered bodies.
In response to inquiries about why the government declined assistance offered by neighboring countries, Gomelauri reiterated that there was no requirement for additional aid. He asserted that the operation was conducted at its utmost capacity, and the on-site rescuers possessed the necessary training to effectively carry out their duties. Furthermore, he addressed MP Tina Bokuchava’s question concerning Georgia’s decision not to acquire two search and rescue helicopters (“HUEY II”) as a grant from the United States. Gomelauri explained that these negotiations, conducted in 2016, were primarily between the government and the U.S. with the purpose of procuring the helicopters for the defense forces, rather than the Interior Ministry.
In response to inquiries about early warning systems, the Minister deferred to experts, indicating that they should provide a more detailed response. As the question concerning Georgia’s current rescue helicopters, he stated that the existing helicopters were fully equipped with night vision capabilities and were performing effectively.
During the parliamentary hearing, several heated verbal confrontations occurred among attendees, with the ruling party mainly targeting Giorgi Vashadze, the leader of the “Strategy Aghmashenebeli” party. Following the conclusion of the hearing, MP Tina Bokuchava was allotted an additional three minutes for further questions. During this time, she criticized the Internal Ministry for its perceived lack of preparedness in responding to the Shovi tragedy, citing also previous incidents in 2015 in Tbilisi, 2017 in Borjomi, and 2022 in Gudauri.
“It is a lie that it was impossible for the rescue team to reach the place faster, when the airport of Ambrolauri is 57 km away, where there should have been a helicopter equipped with the rescue function. You yourself explain that the second group had to take a detour from Ambrolauri because the bridge had already been washed away by the floods, why didn’t you call in the Defense Forces right when you saw the extent of the disaster?.” Bokuchava emphasized that the Defense Forces arrived late (2 days after the landslide) to the operation and pointed out that, given the circumstances resulting in the loss of 34 lives and with the bodies of two children still missing, characterizing the operation as successful is incorrect.
“Lelo – for Georgia” MP Salome Samadashvili had the same critique, saying: “What surprised me was the tone of your speech, and I must refer to the majority MPs, who were applauding – what are you applauding? What do you applaud when more than 30 people are dead? When you tell us that climate change is to blame for this tragedy and that there will be more tragedies like this, you know what I want to hear? What are you going to do in the future and what could have been done differently so that we are not pulling our dismembered children from the earth”.
MP Avtandil Enuqidze of the “European Socialists” party expressed disapproval of the criticism directed at the Interior Minister. Enuqidze remarked, “Did anybody remind Charles Michel that when he came to sign the 12-point recommendation, Belgium was grappling with severe flooding, resulting in 200 dead, 400 people missing, and 10,000 left without homes. Didi anyone then question: ‘Why did you come? Why don’t you explain why you’re here?’ Whether a minister or a deputy minister was present at the disaster site, would it have changed the outcome? Within three hours, everything was organized, but people were still tragically lost. Blaming one individual for the natural disaster today doesn’t seem justifiable.”
Also Read:
- 08/08/2023 – Vice PM: Shovi Disaster was Unavoidable
Irakli Edzgveradze, a member of the Tbilisi Sakrebulo (City Council) from the United National Movement, was attacked this evening. He was beaten near his home in the Gldani district as he was returning from the Council meeting. Edzgveradze relates the incident to the altercation with Kote Zarnadze of the Georgian Dream party during the Council session earlier today. According to him, a group of members of the national football team were involved in the beating.
The incident was followed by a confrontation between UNM members and police in the Gldani district, after which police detained UNM members Nika Melia, Bacho Dolidze and Zviad Kuprava.
More to follow..
On September 22, Georgia’s Interior Minister, Vakhtang Gomelauri, responded to opposition questions about the Shovi tragedy in the Parliament by way of interpellation. Gomelauri was summoned to Parliament by Tina Bokuchava, Chair of the UNM faction, who submitted the request letter on August 14.
MPs address the Interior Minister with five questions. They were asking why the SMS early warning system was not implemented; why the rescue operations started with a delay of 3 hours; on what basis the government decided not to ask for international help in the search and rescue operations; what is the condition of the rescue equipment of the Emergency Situations Management Service of the Ministry of the Interior and how is it compatible with international standards; and on what basis the state refused to purchase two search and rescue helicopters (“HUEY II”) on a grant basis.
The Minister’s responses reiterated his previous statements. He claimed that rescue operations commenced as soon as possible, with rescuers arriving on site within 28 minutes, heavy machinery reaching the area in one hour, and helicopters arriving within three hours. According to him, this approach was the most optimal given the mountainous terrain and adverse meteorological conditions. He also noted that the landslide was sudden and substantial, causing all the victims to perish instantly, as evidenced by the severely deteriorated state of the recovered bodies.
In response to inquiries about why the government declined assistance offered by neighboring countries, Gomelauri reiterated that there was no requirement for additional aid. He asserted that the operation was conducted at its utmost capacity, and the on-site rescuers possessed the necessary training to effectively carry out their duties. Furthermore, he addressed MP Tina Bokuchava’s question concerning Georgia’s decision not to acquire two search and rescue helicopters (“HUEY II”) as a grant from the United States. Gomelauri explained that these negotiations, conducted in 2016, were primarily between the government and the U.S. with the purpose of procuring the helicopters for the defense forces, rather than the Interior Ministry.
In response to inquiries about early warning systems, the Minister deferred to experts, indicating that they should provide a more detailed response. As the question concerning Georgia’s current rescue helicopters, he stated that the existing helicopters were fully equipped with night vision capabilities and were performing effectively.
During the parliamentary hearing, several heated verbal confrontations occurred among attendees, with the ruling party mainly targeting Giorgi Vashadze, the leader of the “Strategy Aghmashenebeli” party. Following the conclusion of the hearing, MP Tina Bokuchava was allotted an additional three minutes for further questions. During this time, she criticized the Internal Ministry for its perceived lack of preparedness in responding to the Shovi tragedy, citing also previous incidents in 2015 in Tbilisi, 2017 in Borjomi, and 2022 in Gudauri.
“It is a lie that it was impossible for the rescue team to reach the place faster, when the airport of Ambrolauri is 57 km away, where there should have been a helicopter equipped with the rescue function. You yourself explain that the second group had to take a detour from Ambrolauri because the bridge had already been washed away by the floods, why didn’t you call in the Defense Forces right when you saw the extent of the disaster?.” Bokuchava emphasized that the Defense Forces arrived late (2 days after the landslide) to the operation and pointed out that, given the circumstances resulting in the loss of 34 lives and with the bodies of two children still missing, characterizing the operation as successful is incorrect.
“Lelo – for Georgia” MP Salome Samadashvili had the same critique, saying: “What surprised me was the tone of your speech, and I must refer to the majority MPs, who were applauding – what are you applauding? What do you applaud when more than 30 people are dead? When you tell us that climate change is to blame for this tragedy and that there will be more tragedies like this, you know what I want to hear? What are you going to do in the future and what could have been done differently so that we are not pulling our dismembered children from the earth”.
MP Avtandil Enuqidze of the “European Socialists” party expressed disapproval of the criticism directed at the Interior Minister. Enuqidze remarked, “Did anybody remind Charles Michel that when he came to sign the 12-point recommendation, Belgium was grappling with severe flooding, resulting in 200 dead, 400 people missing, and 10,000 left without homes. Didi anyone then question: ‘Why did you come? Why don’t you explain why you’re here?’ Whether a minister or a deputy minister was present at the disaster site, would it have changed the outcome? Within three hours, everything was organized, but people were still tragically lost. Blaming one individual for the natural disaster today doesn’t seem justifiable.”
Also Read:
- 08/08/2023 – Vice PM: Shovi Disaster was Unavoidable
