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View Diary: Breaking: MSNBC - No incident report for shooting at all (Ferguson PD) (409 comments)

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  •  Interesting (10+ / 0-)

    Cops in officer-involved shootings sometimes won't file a report right away, often on the advice of counsel.

    What's interesting about this is, in my experience anyway, most cops will voluntarily file a report, sometimes with counsel, but sometimes without.

    But more importantly, if they refuse to give a statement or file a report with a certain period of time (and they often do) most police departments will require the cop to make a "compelled statement", usually within 48-72 hours after the incident. Such statements typically can't be used against the officer in a trial.  

    There were earlier reports that Wilson had been interviewed at least twice. So in this case it sounds like we may have an officer statement, but no police report.

    Most unusual indeed (if this report is true).

    Dammit Jim, I'm a lawyer, not a grammarian. So sue me.

    by Pi Li on Thu Aug 21, 2014 at 07:43:57 PM PDT

    •  according to NBC (1+ / 0-)
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      because the FPD turned the investigation over to the County almost immediately, the County rather than the city did the incident report.  And because it is with the county, it won't be released until the county grand jury is done, although it is being shared with FBI investigators.  see Here.    Have you as a prosecutor seen that happen before?

      •  Well (7+ / 0-)

        The initial police report for an incident is typically a public record. However, subsequent interviews, forensic evidence, physical fact most other evidence, is not and generally won't become public until the trial.

        So if Wilson didn't create an incident report, that's why we don't have one. If he was interviewed by the DA as part of a criminal investigation, that would not be a public record (yet).

        Caveat: this is a general statement based on my own experience, the specifics of Missouri law may be different.

        Dammit Jim, I'm a lawyer, not a grammarian. So sue me.

        by Pi Li on Thu Aug 21, 2014 at 08:37:33 PM PDT

        [ Parent ]

        •  Someone posted Missouri law (5+ / 0-)

          above. It said the incident reports 'shall' be made for every incident. So at this point, Missouri law has been violated. Shouldn't we have Wilson's statement on file by now? I thought you write the statement as part of your job, then you get a lawyer, or get fired for refusal.

          The only foes that threaten America are the enemies at home, and those are ignorance, superstition, and incompetence. - Elbert Hubbard -9.62/-8.15

          by GustavMahler on Thu Aug 21, 2014 at 09:30:33 PM PDT

          [ Parent ]

      •  And yet just days ago you were telling us multi... (1+ / 0-)
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        And yet just days ago you were telling us multiple parties had seen Wilson's incident report which he had filed immediately. Gosh you're smart.

        •  Wrong once again. (1+ / 0-)
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          what I said is that both investigations have likely had Wilson's statement, which is a very different thing from the incident report.  and whether it was a voluntary or compelled statement, it still seems most likely that both investigations have it.  

          •  The truth being (0+ / 0-)

            that you have absolutely no idea and are engaging in rank speculation. What did you mean by "Wilson's statement?" Why would an incident report written by the officer who committed the homicide not qualify as a statement? What other statement do you believe exists? Who is in receipt of this alleged statement? What sources are you relying on which lead you to not only believe a statement or statements exist, but that multiple parties are in receipt of them? You can tut-tut over conditional qualifiers like "likely," the fact is that so far you have been redefining "wrong."

    •  So whats the purpose of a "compelled statement" (1+ / 0-)
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      Sounds like total BS

    •  Compelled Statement (2+ / 0-)
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      Demeter Rising, VClib

      The compelled statement is usually part of the IA investigation separate and apart from the homicide investigation.  The officer is normally order to cooperate and not cooperating can result in disciplinary action up to and including termination.  Has a right to his union rep or attorney at this interview.  Because the statement is compelled, the courts have ruled that he is afforded use immunity even if not explicitly stated or agreed to at the time of the statement.  The statement cannot be used against him at the time of a criminal trial.  

      The more interesting issue is whether it can be used against him to impeach him if he testifies at a trial.  There is case law in California that allows the statement to be used in that manner.  
      Getting the statements made at the IA hearings can be very difficult depending on the rules of the individual states regarding discovery.  

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