Tamir Rice Grand Jury Didn't Actually Ever Vote

[NewOrleans]

Eta: the more I read, the more I think this article is sensational, even though I read about the whole thing in other sources too saying the same thing. I think it's not a coverup; there is nothing filed in OH for return of no-bill. But 1) I think the problem is Frolik's weakass, unintelligible remark and 2) there is just no accountability that prevented the jury just fucking around.  Maybe I just need more info.

prosecutor.cuyahogacounty.us/en-US/Grand-Jury-Unit.aspx



  What's happening in our legal system?



www.ebony.com/news-views/tamir-rice-grand-jury-charges-vote#axzz3xpkDJzMm

The Cleveland grand jury that declined to charge two police officers in the shooting death of 12-year-old Tamir Rice never actually took a vote on whether or not to bring charges, according to a published report.



An investigation by the alternative newsweekly Cleveland Scene opens major, if not confounding, questions of how the decision not to go forward with charges was reached.



On Dec. 28, Cuyahoga County prosecutor Timothy McGinty announced that the two officers, Timothy Loehmann and Frank Garmback would not stand trial in the death of the boy, who was shot to death in November 2014 when the officers’ patrol vehicle drove up to him after receiving a report of someone in a park with a firearm – which turned out to be a toy.



McGinty said the grand jury had “declined to indict” the officers. But the public assumption was that a “no bill” had been voted on, in other words the grand jury had decided not to bring charges. If they had, a “true bill” would have been their vote.


However, reporters from Cleveland Scene requested documentation of the “no bill” and were never given anything by the prosecutor’s office. They were told that such a record did not exist. A spokesman for the office told reporters that the record was non-existent because nothing had ever been voted on:  “This was an investigative grand jury. This was kind of their role. Sometimes, a grand jury, after its investigation, will decide if there are no votes to be taken on charges,” Joe Frolik, Cuyahoga County prosecutors office communications director told Cleveland Scene.

But that still leaves it unclear how a decision against indicting materialized and why the grand jury produced neither a “true bill” or a “no bill.”

“If there was no vote on a bill in this case, the prosecutor might have influenced that —- he might have said there's no reason to even vote because we all agree, or something — but it's still the grand jury's decision,” Professor Jonathan Witmer-Rich from the Cleveland-Marshall College of Law at Cleveland State University explained to the newspaper. “It ultimately has the power to consider the facts as they're aware of. Because of grand jury secrecy rules, though, we can't know what happened inside that room."



What will happen with the Tamir Rice case is uncertain. A federal investigation into the case has been launched and the boy’s family has sued Loehmann and Garmback for wrongful death.



Still, Cuyahoga County Common Please Court Administrative and Presiding Judge Andrew J. Russo told reporters that he intended to find out from Judge Nancy McDonnell, who presided over the grand jury, exactly what was filed.



"If it is true that the prosecutor didn't even call for an up or down vote on potential criminal charges, including aggravated murder, then it is truly the ultimate insult to the Rice family,” said Rice family attorney Subodh Chandra, “that the prosecutor didn't even think it mattered to bring the grand jury proceedings to their proper conclusion."

[josieposy]

Maybe I'm not understanding this, but why did the prosecutor even bring it to a grand jury at all? Just to make it look like there was a process here?

[aurora]

This is one of those examples where I think I need CEP to explain the judicial system to me, because the idea that they'd convene a grand jury and then not have the grand jury decide anything confuses me.

[pixy0stix]

I don't understand.

[elleblue]

WHAT

[erbear]

Um, WHAT?!

[NewOrleans]

How do we know they actually even talked about the case and not about the Bengals or some shit?

[bronxgirl]

Jan 20, 2016 21:32:24 GMT -5 NewOrleans said:

How do we know they actually even talked about the case and not about the Bengals or some shit?

I guarantee you a Cleveland grand jury was not talking about the Bengals.

That being said, I'm glad I'm not the only one who's confused.

[Velar Fricative]

Okay good, I'm glad I'm not the only one who doesn't understand any of this.

[NewOrleans]

Jan 20, 2016 21:07:28 GMT -5 pixy0stix said:

I don't understand.

A GJ hears evidence and then votes on if the charges warrant a trial. If they decide the person should be charged, they "return" or return a "true bill."  If they vote not to charge, then they return a "no bill."  Either way, a record should exist. There is no record here. Is that the part that's confusing, or is it WHAT THE FUCK confusion?

I know there are such things as special grand juries.  But I didn't think they were for this kind of case/crime.  I thought this was a regular GJ. But apparently, "sort of," "sometimes," stuff, and reasons.

[isabel]

I understand the article. I don't understand how this happens. Is this legal!?

[NewOrleans]

Jan 20, 2016 21:56:57 GMT -5 isabel said:

I understand the article. I don't understand how this happens. Is this legal!?

Yes. Apparently in OH nothing is filed in a no-bill, after all.

prosecutor.cuyahogacounty.us/en-US/Grand-Jury-Unit.aspx

No accountability. None. Not for cops, killers, or jury members.

The GJ system is the new arbitration agreement, meant to keep prevent access to the courts.

[asdfjkl]

Jan 20, 2016 20:55:19 GMT -5 josieposy said:

Maybe I'm not understanding this, but why did the prosecutor even bring it to a grand jury at all? Just to make it look like there was a process here?

Yes.

[NewOrleans]

Jan 20, 2016 22:06:44 GMT -5 asdfjkl said:

Jan 20, 2016 20:55:19 GMT -5 josieposy said:

Maybe I'm not understanding this, but why did the prosecutor even bring it to a grand jury at all? Just to make it look like there was a process here?

Yes.

Good, now write a wall o text, please and thanks!  

[emilyj]

If they didn't vote, and they are supposed to, can they call a new grand jury that will actually do their jobs?