Is the Ferguson Grand Jury Being Properly Conducted?

Written by Mark O'Mara on . Posted in Opinion

I joined Jeffrey Toobin and Sunny Hostin on AC360 to talk about the Ferguson Grand Jury. We all agree that the grand jury process in this case is very unusual. It’s taking much longer than a typical grand jury, and the prosecutor is presenting more evidence than a grand jury would typically use to decide whether it is more likely than not that a crime was committed. We disagree, however, regarding what this all means. Sunny Hostin suggests that the prosecutor is trying to overwhelm the grand jury, confusing them with so much information that they’ll be more likely to tender a “no true bill.” I suggest that, considering the massive scrutiny any decision will have to bear, the prosecutor is going above and beyond in his presentation to ensure the jury’s decision can survive scrutiny. The essence of a grand jury is for the community to decide such issues. As long as it is done properly (and we will have the transcripts to ascertain that) I accept the decision to create a "super grand jury," giving it much more evidence than usual. I disagree that they are only being confused, and I bet they will deny confusion if and when they speak.