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Keystone Cops
The role models for today's Ferguson Police Department
It's been nearly two weeks since a white police officer gunned down an unarmed black teenager in Ferguson, Missouri, and for nearly two weeks we have asked why the Ferguson Police Department refused to release the incident report on the shooting. And now we have their reason lame-ass excuse:
The reason, according to the office of St. Louis County Prosecuting Attorney Robert P. McCulloch, is that it doesn’t exist.
McCulloch—who has been accused of bias in favor of the police amidst calls for him to recuse himself from the case—claims that no report was ever filed because Ferguson police turned the case over to St. Louis County police shortly after Michael Brown was killed.

Seriously? A Ferguson police officer shot and killed a citizen of Ferguson in the streets of Ferguson, and it generated nothing from the Ferguson police? If paper shredders could talk ...

Originally posted to Barbara Morrill on Fri Aug 22, 2014 at 05:09 AM PDT.

Also republished by Daily Kos.

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Comment Preferences

    •  You are saying what everyone is thinking. (14+ / 0-)

      Why put your story in writing before you know who witnessed the event and what they are saying?  Better to wait and get all the facts before you decide on what story to go with.

      •  Helps avoid the appearance of blatant perjury. (5+ / 0-)

        I'm sure department attorney(s) and union reps played a part in this scenario. The officer "has rights", the victim, not so much.

        The police actions from the first shot fired continue to be just one BIG lie. History has shown us time and time again the advantage of the big lie on public perception. This murdering officer (that's my personal opinion), if ever indicted, will walk free, ala Zimmerman. The formula for that case is being rehashed, and who better to invoke "stand your ground" but a real policeman?

        Until these police crimes and brutality are perpetrated against white middle class citizens, nothing much will change.

    •  Report? They don't need no stinking report... (12+ / 0-)

      They've got that video where some guy was saying some shit that some other guy put subtitles into that sounded pretty good.  
      PLUS at least a dozen other eyewitnesses that's nobody has actually seen so that way they are WAY more credible than the ones that we have seen who are clearly lying because we don't like their answer. Or color.  Whatever. Fuck you.  (South Park reference)

      Information is not knowledge
      Knowledge is not wisdom
      Wisdom is not truth
      -FZ, Joe's Garage

      by TimZ on Fri Aug 22, 2014 at 05:49:54 AM PDT

      [ Parent ]

    •  ^bingo (2+ / 0-)
      Recommended by:
      NoBlueSkies, VPofKarma

      you can shit on my face but that doesn't mean I have to lick my lips

      by red rabbit on Fri Aug 22, 2014 at 06:21:19 AM PDT

      [ Parent ]

    •  That's done BEFORE they write the report (8+ / 0-)

      Many years ago, when I was in law school, my law fraternity had a program where people who wanted to do so could go on police ride-alongs in the patrol car. In some respects, it made many of us have more respect for the job that police officers do, especially for how they often become the common enemy in domestic disputes to which they were called by one of the parties. But one real eye-opener was the extent to which incident reports are frequently works of semi-fiction, sort of like movies that are "based on a true story," but not necessarily ALL of the important facts, and not necessarily ONLY the actual facts.

      One night, we got back to the police station where a sergeant was "helping" a rookie cop write up the incident report on a marijuana bust. The rookie told the sergeant the first version of what happened, and the sergeant says, in essence, "Are you SURE that was your only basis, because that doesn't give you probable cause for the search. After about the third version of events, the sergeant tells him that THAT is probable cause, and to write the incident report.

      Most of us weren't naïve enough to be shocked that such things happen sometimes, but I think we were all shocked that such things are apparently so routine that they would be doing them within the hearing of several law students.  I think the motivation to "tidy things up" in the incident report would be even greater in an officer-involved shooting where an unarmed teenager ends up dead than in a routine marijuana bust.

      Bin Laden is dead. GM and Chrysler are alive.

      by leevank on Fri Aug 22, 2014 at 07:12:09 AM PDT

      [ Parent ]

  •  More corrupt, or more incompetent? This police ... (7+ / 0-)

    More corrupt, or more incompetent?

    This police force should be shut down & rebuilt from the ground up.

  •  Both to answer your rhetorical question (4+ / 0-)

    Or what Denise said.

    I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

    by a2nite on Fri Aug 22, 2014 at 05:38:03 AM PDT

  •  Perhaps the DA (23+ / 0-)

    needs a refresher on exactly what an incident report is.  It is a report by the officer involved in the incident.  If the officer is concerned about protecting his 5th amendment rights against self incrimination, say that.  What the county cops are supposed to be doing is the white washing of the investigative report.

    It isn't so much the level of total corruption that is mind boggling -- it is the arrogance about it.  

    " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

    by gchaucer2 on Fri Aug 22, 2014 at 05:38:43 AM PDT

    •  Why wouldn't the OTHER officer write a report? (24+ / 0-)

      There were two there. And more coming afterwards.  

      If the shooter took the fifth, they are merely covering up.  No privilege to not incriminate your buddy.

      Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

      by Inland on Fri Aug 22, 2014 at 05:55:13 AM PDT

      [ Parent ]

      •  According to the Blue Line there is, (3+ / 0-)
        Recommended by:
        delver rootnose, Prickly Pam, ichibon

        you don't get backup if you don't lie with the rest of them. Been there done that.

        •  So fire all of them (5+ / 0-)

          If, out of all the police at the scene, none of them filed a report, then fire the whole lot of them. Let's find out if that blue line they hold so near and dear will help them pay their mortgages.

          +++ The law is a weapon used to bludgeon us peasants into submission. It is not to be applied to the monied elite.

          by cybersaur on Fri Aug 22, 2014 at 07:04:34 AM PDT

          [ Parent ]

          •  The Blue Line goes all the way to the DOJ (0+ / 0-)
            Critics say the fact that for at least two decades no agent has been disciplined for any instance of deliberately shooting someone raises questions about the credibility of the bureau’s internal investigations. Samuel Walker, a professor of criminal justice at the University of Nebraska Omaha who studies internal law enforcement investigations, called the bureau’s conclusions about cases of improper shootings “suspiciously low.”
            There is no one to protect us from those that have decided the citizens of this country are the enemy. We are on our own. In 15 years when the DOJ finally releases their Ferguson report they will find no cause for discipline either. (The Rodney King investigation took twelve iirc.)
          •  I'm with you on this cyber... (1+ / 0-)
            Recommended by:
            Maggiemad

            and I'd go further and say the statement should be made, not at the police station, where they can consult with each other and synchronize their stories. They should be taken directly from the scene to a neutral place without the opportunity to consult with each other. If they are telling the truth, all the statements will jive. And the report needs to be mandatory, not at the whim of the police. No report, no job.

      •  This is what I was going to add. (7+ / 0-)

        That the other cops present at the scene should have written reports, even if Wilson did not.

        For example, in cases where the first officer is a victim, like he gets shot by the suspect or the suspect assaults him, sometimes the police department assigns the entire case to one of the other officers at the scene. (this is all happening on scene, usually by a supervisor, real time while the officers are assigning duties).

        So the victim officer won't write a report, the assigned "case agent" writes the report and is responsible for reviewing supplemental reports from the other officers, who do things like talk to or look for witnesses, cordon off the crime scene, impound evidence after the techs have taken pictures of it, etc. Usually someone takes a statement from the victim officer.

        Here is the important point - every one of those responding officers from Ferguson - even if St Louis County took over 45 minutes later - should have written a report of what they did at the scene. I have seen supplemental reports from officers who did nothing except respond, get briefed, then stand to keep the public out of the way.

        Moreover, in order to know what they were dealing with and what duties to assign to responding officers, at least one officer must have spoke to Wilson to ask what happened. Even if Wilson only spoke a few words to the officer , which I very much doubt he was silent over the hours at the scene, those words should have been put into a report.

        Nothing about how this was handled was standard, even for a cop-as-possible-victim-or-defendant case.

    •  Wilson is not the investigating officer (2+ / 0-)
      Recommended by:
      6412093, NC Yankee

      nor is anybody else on the Ferguson PD - the matter was almost immediately turned over to the SLCPD, and you can bet their report will contain reams of information when the DA finally decides to release it, presumably after the Grand Jury rises in October.

      If the Ferguson PD were to file an incident report, it would contain bare bones ID information, and the disposition would read something along the lines of "Referred to SLCPD for investigation."

      What everybody seems to want is something from Wilson - a statement he gave to the investigators, a report, something, anything - and that simply is not going to happen.  I think he likely has given a statement (otherwise why file notice to testify at the GJ?) but it will not be made public until the DA says so.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Fri Aug 22, 2014 at 06:16:49 AM PDT

      [ Parent ]

      •  Wilson was the officer (10+ / 0-)

        involved in the "incident."  An incident report is a public record.  An investigative report is different and not open to public scrutiny until the DA says so.

        So no, what everybody who is paying attention wants is the damned incident report -- the stuff about the incident filled in.

        " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

        by gchaucer2 on Fri Aug 22, 2014 at 06:23:14 AM PDT

        [ Parent ]

        •  Then you are asking for the report (1+ / 0-)
          Recommended by:
          6412093

          prepared by the investigating agency - the St Louis County Police Department. Ferguson PD essentially dropped out of the investigation about 40 minutes after the shooting, and rightfully so.

          Can you imagine the uproar if they had not done so?

          If an incident report had been completed by the Ferguson PD, it likely would have contained no more than bare bones ID info, with a notation of "referred to SLCPD for investigation." How would that help?

          I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

          by Wayward Wind on Fri Aug 22, 2014 at 06:34:14 AM PDT

          [ Parent ]

          •  Personally, I read the actual (18+ / 0-)

            law pertaining to the issues -- as in Missouri Revised Statute sec 610-100

            (4) "Incident report", a record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency;

            (5) "Investigative report", a record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.

            2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

            If you do read that section you will see that it is mandatory for the law enforcement agency to file an incident report and that it is a public record.    Then please do read the definition of an incident report.

            " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

            by gchaucer2 on Fri Aug 22, 2014 at 06:41:46 AM PDT

            [ Parent ]

            •  And where is Wilson's radio call? (7+ / 0-)

              After he shot Brown, he had to have called Ferguson dispatch for other officers to respond. Even if, by some random chance, the second officer (who can be seen on the eyewitness's video recording), only arrived because he saw Wilson standing there rather than from a radio call, then that officer should have called in the incident to Ferguson dispatch, who then would've notified other officers to respond.

              The dispatch tape released by Anonymous is a recording of St Louis County's dispatcher, having received a call from Ferguson, where in the StL dispatcher starts sending their ofcs.

              We still don't have the first radio calls from the ofcs at the scene of Mike Brown's death. Even if no incident report was written by anyone in the Ferguson police department, in order to get help, someone called it in. Maybe all they said was "officer involved shooting", but I would still like to hear it and would like to know why it isn't being released.
               

              •  Indeed (3+ / 0-)
                Recommended by:
                CenPhx, VPofKarma, Maggiemad

                That should definitely be part of the incident report that doesn't exist.  The StL County PD "incident report" does not satisfy the mandate of the law as there is zero description of the "incident."  And the law doesn't say -- oh, if you want, some other agency can fill out your incident report for you.  

                There had to be an initial call, as you say, to Ferguson PD so they are required by law to have an incident report.

                Further in that statute, it indicates that even closed records can be obtained for purposes of law suits.  30 days for compliance after request.

                " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

                by gchaucer2 on Fri Aug 22, 2014 at 07:33:52 AM PDT

                [ Parent ]

                •  CenPhx's earlier comment was enlightening (1+ / 0-)
                  Recommended by:
                  Maggiemad

                  that even if Wilson doesn't file an incident report, there should be AT LEAST one other incident report from the other FPD officers who were on-scene prior to 12:43.

                  taking CenPhx's description of proper on-scene management as accurate, that would mean there are one or more FPD incident reports (or should be), or one FPD incident report and several supplemental reports (or should be), and then the one that was released IS the SLCPD incident report because all they would have to say is that they received the call, arrived on scene, and took over an investigation.  anything further from SLCPD would then be investigation reports.

                  but that means there are still missing FPD incident reports, and not just from Wilson.

                  fire every officer on-scene who did not file an incident report.  then, as appropriate, charge them with obstruction of justice and accessory-after-the-fact.

              •  He might have called for backup (0+ / 0-)

                and cleared the channel.

                He could call the patrol sergeant and notified the appropriate people via his personal cell phone.  This is done because your cell phone is personal property and not subject to open records laws.

                Arguing with idiots is like playing chess with a pigeon... No matter how good you are, the bird is going to shit on the board and strut around like it won anyway. -Unknown

                by dawgflyer13 on Fri Aug 22, 2014 at 07:38:52 AM PDT

                [ Parent ]

          •  The ACLU is suing (2+ / 0-)
            Recommended by:
            VPofKarma, Maggiemad

            the St. Louis County cops for the report and everything else they have.

      •  Well, the article says there is no report (9+ / 0-)

        not that there is a report that isn't being turned over.

        Unless it's SOP to not write reports after a use of deadly force, the lack of a report from the officers at the scene (not including Wilson, who can refuse to incriminate himself) is really something.

        Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

        by Inland on Fri Aug 22, 2014 at 06:35:27 AM PDT

        [ Parent ]

        •  I've posted the statute twice (5+ / 0-)

          so I won't clutter the page again, but, by law, an incident report is mandatory.  As you indicated earlier one of the other cops who showed up could have written one.  Wilson was by himself at the time of the shooting, right?

          " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

          by gchaucer2 on Fri Aug 22, 2014 at 06:43:40 AM PDT

          [ Parent ]

          •  There IS an incident report (1+ / 0-)
            Recommended by:
            dawgflyer13

            prepared by the St Louis County Police Department; the first two pages have been released, but nothing else.

            There is nothing in the statute that requires the Ferguson PD to be the agency which has to file the incident report.

            I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

            by Wayward Wind on Fri Aug 22, 2014 at 06:51:17 AM PDT

            [ Parent ]

            •  Yes, all agencies have to have one. (8+ / 0-)

              From Missouri Revised Statute §610.100.5.2: "Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency."

              Even if they turned the case over to SLCPD 40 minutes later, FPD is required to file (and make public) an incident report regarding the "date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident".

              Then, after that, SLCPD would be required to have their own incident report; obviously, they would be different, because each agency's "initial report" would be different. FPD is wrong here. Which is sort of the opposite of news.

              •  And DA says there isn't one, not "can't have it", (1+ / 0-)
                Recommended by:
                colbey

                if the article got it right, which I suppose can't be assumed.

                Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

                by Inland on Fri Aug 22, 2014 at 07:14:55 AM PDT

                [ Parent ]

              •  Presume for a moment that a report (1+ / 0-)
                Recommended by:
                dawgflyer13

                had been written.

                Even if they turned the case over to SLCPD 40 minutes later, FPD is required to file (and make public) an incident report regarding the "date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident".
                Even if that were true, there is an ongoing investigation, which means it would not be made public until the DA releases all the information.

                Where is the gain?

                What everybody wants - right now - is something from Wilson or some other officer from the Ferguson PD, and people can holler all they want, nothing is coming out until the DA clears it, and that won't happen until the Grand Jury finishes its work

                I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                by Wayward Wind on Fri Aug 22, 2014 at 07:31:39 AM PDT

                [ Parent ]

                •  You just don't want to (2+ / 0-)
                  Recommended by:
                  colbey, Maggiemad

                  understand the law -- the statute doesn't say what you want it to say.  The incident report has to come from each agency that gets a report.  The incident report is a public record and available upon demand.  The StLCounty PD report does not comply with the mandates of the statute.

                  " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

                  by gchaucer2 on Fri Aug 22, 2014 at 07:43:05 AM PDT

                  [ Parent ]

                  •  Do you really think (1+ / 0-)
                    Recommended by:
                    Maggiemad

                    that given all that is going on in Ferguson and SLC for the past 2 weeks, anybody is worried about whether or not the officers at the scene filed the technically proper report?

                    You can bet there are two things that are true: first, every officer, investigator, technician and other officials who have worked that scene has filed a report or given a statement, etc., and that all of them are part of the SLCPD file. Second, that we will not see those documents until they are released by the DA, hopefully in October.

                    I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                    by Wayward Wind on Fri Aug 22, 2014 at 05:11:01 PM PDT

                    [ Parent ]

                •  Different report (2+ / 0-)
                  Recommended by:
                  VPofKarma, Maggiemad

                  The report that (assuming it exists) will stay in the pocket until the grand jury is done is the investigative report. This is about the incident report. By statute, there's no choice about withholding an incident report: they are automatically a matter of public record.

                  If the local cops had been following the rules, the FPD incident report should have had different -- and important -- information than the SLCPD incident report. The "incident" that SLCPD reported on is the shooting; the FPD incident report should have provided information about whatever incident Wilson was responding to in the first place (which seems unlikely to have been a robbery call, despite efforts of the police PR engine to claim such).

                  But, evidently, they didn't file one. If they've got a habit of not filing incident reports (which I bet is the case), that's the sort of thing the DOJ is going to frown on as part of their investigation. It's also actionable under state law, but we all know the chances that anything will happen from that.

                •  The article says there IS NOT ONE. (0+ / 0-)

                  Not, "one that is being kept private for now".

                  It's a pretty important distinction.

                  Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

                  by Inland on Fri Aug 22, 2014 at 10:04:57 AM PDT

                  [ Parent ]

            •  police reports are not usually written like this (9+ / 0-)

              As I said upthread, even if Wilson didn't write a report because he is the victim/defendant, the other officers at the scene would have.

              In my experience, the higher the profile of the case, the more likely you are to get a supplement from each officer documenting everything, even if all they did was stand at the roped off line to make sure the public stayed back.

              No officer writing anything other than the one page incident report released already? That is insane.

              I've read tens of thousands of police reports, literally, in extremely high profile murder cases to cases where the officers shot and killed people to cases where officers might get charged because of things that happened during the arrest, and I'm telling you I have never see a case where no report was written outlining the facts. Never.

              •  Absolutely true (0+ / 0-)

                but in this case, who would be writing the reports?  

                The SLCPD, and no one else, and you can bet that their report will have statements, reports, and other documents from every single person who was at that scene - cops from whatever agency, crime scene technicians, ambulance personnel, and civilian witnesses.

                I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                by Wayward Wind on Fri Aug 22, 2014 at 07:35:32 AM PDT

                [ Parent ]

                •  No, that is just opposite to what I've seen (2+ / 0-)
                  Recommended by:
                  colbey, Maggiemad

                  STL may be assigned as the investigating agency, but every officer who was there, including the Ferguson officers who were present for 45 minutes before STL arrived, would document what they did and what they saw in their own report which would be given to the STL officer in charge.

                  Maybe this is where different department handled police reports differently.  I've reviewed reports from Phoenix PD, Maricopa County Sheriff's Office, Glendale, Buckeye, Avondale, Pima County, Scottsdale, etc. The protocol has been pretty much the same:

                  In the cases I've seen, the on scene officers write a report or basic summary of what they did. It's not 100% of the officers, sure, but everyone who did something important writes one. The first officer on scene definitely does. The first one to make contact with a victim, a suspect or a witness does. And the more high profile the case, the more likely you are to have a supplement from every single officer, even the ones who did not it at all. The better the officer who is assigned as a case agent, the more likely you are to have supplemental reports from every officer - the head officer demands it from them.

                  Just because a STL officer is directing the investigation does not mean that the officers from other agencies would be relieved of documenting what they did and saw. If you are saying they would be treated as witnesses be just interviews by STL officers and then that information put into a STL report, I have never seen a case handled that way.

                  •  True again (0+ / 0-)
                    STL may be assigned as the investigating agency, but every officer who was there, including the Ferguson officers who were present for 45 minutes before STL arrived, would document what they did and what they saw in their own report which would be given to the STL officer in charge.
                    I think we are debating terminology more than anything

                    There are all kinds of reports generated by an incident like this, but the fact remains that all of them are part of the SLCPD case file which has not been released.

                    Where I worked there were a number of basic reports: crime reports, general reports, technician reports, supplemental reports, use of force reports, etc. The list was long.

                    If I investigated a crime, I would prepare a crime report and obtain a six digit case number from communications  A detective following up by canvassing witnesses would file a supplemental report.  A technician processing the scene would prepare and file a technician's report. Firearms folks would file a report of their results, as would any forensic labs. And so on.

                    Every one of them would be filed under the same case number.

                    The whole point is to ensure that all information about a particular matter is linked in both the paper file and in the computer when it was entered, usually the next day.  

                    There were times when two different crime reports with different numbers were also linked.

                    Scenario: I investigate a burglary where a handgun was part of the loot and file my crime report.  Several hours later, across town in a different precinct, a guy is arrested for possession of a handgun.  That officer checks the computer, and nothing shows the gun to have been stolen, as my report has yet to be entered, so he simply charges for the possession.  Once both reports are in the computer, it would flag them as related because the serial number on the weapon was the same. The second report on the possession would be entered into the first case file as a supplemental, even though it was a different case file number. The possession file would also contain a notation referencing the original burglary.

                    I have absolutely no doubt that every officer on the scene whether that day or later, has filed some written document detailing his or her efforts and results, and those reports would all carry the same case file number as the original SLCPD file.  Will we ever see them?  Yes, when the DA releases them and not before.

                    I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

                    by Wayward Wind on Fri Aug 22, 2014 at 05:04:49 PM PDT

                    [ Parent ]

        •  Not what I said (1+ / 0-)
          Recommended by:
          VClib

          I have no idea how it works in St Louis county, but in the police shootings that I am familiar with, no one - and I mean no one - speaks to the officer involved until he is interviewed by the Internal Affairs investigators. The technicians at the scene will take his weapon for ballistics tests, but that it pretty much it.

          And there is a very good reason for that, which can be seen in the wild speculation that we have seen here over the past week: the investigators do not want his statement to be affected by discussions with anyone else before they have the chance to interview him.  

          I am certain that there was a case file opened - with a number attached - within moments of the time when the dispatcher was notified of the shooting, but it will contain almost nothing as the Ferguson PD were quickly relieved of responsibility for the investigation.

          I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

          by Wayward Wind on Fri Aug 22, 2014 at 06:44:17 AM PDT

          [ Parent ]

          •  And the other officer at the scene? (2+ / 0-)
            Recommended by:
            icemilkcoffee, colbey

            Why wouldn't HE file a report, if for any reason Wilson couldn't or wouldn't?

            What's the SOP for a homicide?  Is it a) wait until someone asks the right questions or b) document it at the time or c) it depends on whether the homicide is committed by a cop?

            If it isn't b), then the procedures are intended to facilitate coverups.

            Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

            by Inland on Fri Aug 22, 2014 at 07:09:35 AM PDT

            [ Parent ]

            •  Because neither he (0+ / 0-)

              nor any other Ferguson cop, were the investigating officers - that role had been transferred to the SLCPD.  

              I think it safe to say that when the SLCPD report is finally released, we will see statements from anybody and everybody who was at the scene, including every cop. Even if someone from Ferguson PD had written something up, which I really don't believe happened, then it would have been made part of the SLCPD report which has yet to be released.

              I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

              by Wayward Wind on Fri Aug 22, 2014 at 07:18:08 AM PDT

              [ Parent ]

              •  Then it's different for a cop homicide, c). (1+ / 0-)
                Recommended by:
                colbey

                If this had been a homicide by anyone other than a cop, then there would be an immediate written report.

                But if it's a cop committing the homicide, then everyone has to stand still until an investigation is started and the right questions are asked and the investigator is able to draw up a single report without any loose ends, like a report from the time that contradicts.

                I can't think of a reason for that except coverup.

                Someone actually admitted on DK, "Yes. If it pisses you and the other Greenwald-Tweet-pearl-clutchers off, it's smart." Wow. Just....wow.

                by Inland on Fri Aug 22, 2014 at 07:30:58 AM PDT

                [ Parent ]

                •  No (0+ / 0-)

                  The incident report is written by the investigating officers.  That was not Ferguson PD - it was SLCPD.  

                  This is done by every agency in every city and every state.  

                  Arguing with idiots is like playing chess with a pigeon... No matter how good you are, the bird is going to shit on the board and strut around like it won anyway. -Unknown

                  by dawgflyer13 on Fri Aug 22, 2014 at 07:47:16 AM PDT

                  [ Parent ]

          •  The other officer who arrived on scene (2+ / 0-)
            Recommended by:
            VPofKarma, colbey

            appeared to speak with Officer Wilson.  One would hope he was savvy enough to 1) call for an ambulance, if Officer Wilson did not, and 2) provide friendly presence and moral support while not interviewing Officer Wilson until IA could do so.  

            That said, StLouis County taking over or not, Ferguson PD would be expected to write something of an incident report, if only to show that the matter occurred and was turned over.  Even if it contains almost nothing, it is still the incident report.  The second officer would need to file one as well.

            But they apparently did not.  They were busy getting Officer Wilson out of town.

            •  There was an ambulance on the scene (0+ / 0-)

              almost immediately.  Just prior to the shooting, Wilson had answered a call about a child having trouble breathing, and the ambulance which had also responded to that call was just leaving when the call about the shooting came in.  If I recall the times correctly, the shooting was at 12:01 and the ambulance was on the scene at 12:04.

              I don't know how else to say it - they were not obligated to file an incident report because Ferguson PD was no longer the investigating agency -  that was the role of the SLCPD as of something like 12:45 or so.

              I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

              by Wayward Wind on Fri Aug 22, 2014 at 07:23:59 AM PDT

              [ Parent ]

              •  yes, you keep saying that (0+ / 0-)

                here and on the other diary about this.

                and CenPhx and others have continually pointed out why your assertion is very likely incorrect.

                what we have is you say it is always done one way, and CenPhx and a couple others say it is always done this other way, oh, and here's the state statutes on it.

                you and a couple others keep saying Wilson didn't have to file an incident report based on 5th Amendment grounds.  others keep saying that Wilson could refuse to file a report on 5th A. grounds but that he has to INVOKE his 5th A. right by either a) filing an incident report that says he will not be filing an incident report on fears of self-incrimination, or b) another officer must file an incident report that states that Wilson will not be filing an incident report because of self-incrimination fears.  neither of those options has anything to do with the/an investigation, so do not fall to the agency charged with performing the investigation.

              •  This is another one that keeps coming up.... (0+ / 0-)

                Everyone is always getting so upset because an ambulance was never called and no one ever checked on the welfare of MB after he was shot - except one was called and he was checked very soon after the shooting.

          •  Wayward, your approach is very noble. But ... (2+ / 0-)
            Recommended by:
            VPofKarma, colbey

            ... the officer's vehicle and gun should have been impounded, his alleged injuries reported, etc. These aren't the officer's personal property; he's in the line of duty. As for statements to investigators, I don't see any reference to any investigators promptly interviewing the officer.

            There is a great deal to log and report that is not protected by any legitimate concern (1) to close down in order to get all the facts or (2) to protect the officer's rights as the shooter in a homicide case.

            As far as the Ferguson PD being "relieved" of anything, what's the cite to that? Sounds like they were self-relieved AND/OR the County is as intentionally guilty of covering up by not doing its statutorily prescribed job, whatever the local practice is.

            What - did they think a shooting cop case was going to go away?

            2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

            by TRPChicago on Fri Aug 22, 2014 at 07:36:48 AM PDT

            [ Parent ]

            •  not the officer's personal property (1+ / 0-)
              Recommended by:
              TRPChicago

              and even if they WERE, they should still have been impounded.

              his injuries and treatment should have been clearly documented by both officers and doctors too.

              this is what would be done with anyone else.  if i was involved in a shooting death, i don't think I'D be allowed to just drive away, in a vehicle in which i claimed i was injured and from which a shot was fired.  nor would i be allowed to go see a doctor for injuries i claimed i sustained from an attack by the shooting victim without police presence and the medical personnel being required to file some sort of report with the police.

  •  The dog ate my homework... (10+ / 0-)

    because doing the homework would put a fellow cop in jail.

    If cats could blog, they wouldn't

    by crystal eyes on Fri Aug 22, 2014 at 05:41:22 AM PDT

  •  Keystone Kops or liars--not mutually exclusive (6+ / 0-)

    Politics is like driving. To go backward put it in R. To go forward put it in D.
    Drop by The Grieving Room on Monday nights to talk about grief.

    by TrueBlueMajority on Fri Aug 22, 2014 at 05:43:45 AM PDT

  •  What next? (1+ / 0-)
    Recommended by:
    VPofKarma

    I have no real idea of what the proper procedure for the police department would be, but wouldn't the logical thing for the media to do now be to demand the St. Louis County incident report? If the Ferguson PD dumped this on their lap, shouldn't they have the paperwork?

    If that's the case, then it's not really a big deal that the Ferguson PD doesn't have one. It still exists, just not with them.

    The Empire never ended.

    by thejeff on Fri Aug 22, 2014 at 05:46:06 AM PDT

    •  Sure (0+ / 0-)

      and that is exactly what the ACLU and the media have been demanding - but the DA has refused and will likely continue to refuse until the investigation is completed.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Fri Aug 22, 2014 at 06:18:47 AM PDT

      [ Parent ]

      •  Actually (1+ / 0-)
        Recommended by:
        OrganicChemist

        Over in the other thread, the county has apparently released the incident report. The problem is there's almost nothing in it.
        Everything we want is in the investigation report, which they won't release because the investigation is still underway.

        The Empire never ended.

        by thejeff on Fri Aug 22, 2014 at 06:44:20 AM PDT

        [ Parent ]

  •  Wouldn't the St Louis County Police Dept still (6+ / 0-)

    require a police report from the officer involved?  Unless he was hospitalized, I can't see any reason why he didn't use his newly-found, paid, free-time to produce one.  I confess my knowledge of police procedure is pretty much confined to Starsky and Hutch reruns but I'd think a police report,  fabricated or not, would be a big priority.  

    •  There is a SLCPD police report (3+ / 0-)

      with only the bare bones released so far, but you can bet it contains reams of paper - witness statements, autopsy results, ballistics reports, crime scene tech reports with diagrams and photos, etc. Since there is a Grand Jury investigation in progress, none of it will be released until the DA authorizes it, which most likely won't be until after the Grand Jury rises in October.

      As far as Wilson is concerned, there are two possible scenarios. Either he has refused to speak with the investigators, which means his days as a cop are over and the investigation continues based on all the other evidence, or he has given a statement and it is part of the SLCPD case file.  We have heard that his lawyer has requested that he be allowed to testify at  the Grand Jury, so I would guess that the latter scenario is correct.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Fri Aug 22, 2014 at 05:57:22 AM PDT

      [ Parent ]

      •  I've been hearing that it is highly unusual to ... (3+ / 0-)
        Recommended by:
        TKO333, cybersaur, CenPhx

        I've been hearing that it is highly unusual to allow a potential defendant to present his case to a grand jury. Anybody know for sure?

        •  It is unusual, in my experience (3+ / 0-)
          Recommended by:
          VPofKarma, colbey, OrganicChemist

          Here are some factors to consider:

          Statutes may differ on what responsibility a prosecutor has with regard to allowing a defendant to testify. For instance, here in Phoenix, if a defendant notifies the prosecutor in writing that he or she has evidence she wants to present to the grand jury, all the prosecutor has to do is tell the GJ the defendant would like to talk to them and leave it up the the jurors to say yes or no. They almost always say no. Any competent attorney can tell the jury about the defendant's request in a way to tip them towards not listening to the defendant. And remember, the same people serve on the GJ listening to the same prosecutors for months on end. They get to know and trust each other. There is a reason it is said that a prosecutor can get a grand jury to indict a ham sandwich-prosecutors can get what they want from the GJ (which is why, if they want Wilson to walk, he probably will)

          But most of the time charges are presented to a grand jury, defendants haven't had time to hire and attorney and get their ducks in a row to try to testify before the GJ. So this case is already unusual.

          Lastly, most defense attorneys would advise their client not to testify. It is under oath and would be used against the defendant later. You want your witness prepped for testifying and usually you don't have time before you would need to appear before the GJ.

          Here is the other thing I would be considering if I were Wilson's attorney, unless I had a rock solid defense and there was zero chance Wilson might flub his testimony, I would not want him in front of the GJ. The burden of proof at that stage is just probable cause, which is not high. That means I could be giving the prosecution a free shot at my witnesses and evidence and a free run at my defendant, under oath, which means he is stuck with what he says there, with not a rest chance at getting under "probable cause".

          I wouldn't have him testify, but if Wilson and his attorney have a month or two to work on his testimony before he would have to go in, that might change what I would do.

          •  The prosecutor will sway the grand jury. (1+ / 0-)
            Recommended by:
            colbey

            In this case, there's every reason to appoint a special prosecutor and convene a new grand jury.

            None of these folks - from the Ferguson PD to the prosecutors and the local and state officials (excerpt arguably for Ron Johnson, who is there to settle people down, not in estivate the crime) - look like they are making decisions based on the public interest.

            2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

            by TRPChicago on Fri Aug 22, 2014 at 07:45:19 AM PDT

            [ Parent ]

            •  Sad but true (0+ / 0-)

              As far as the current prosecutor, even if he could put aside his experiences, it would still be good to recuse himself to avoid even the appearance of bias.  

              Because the appearance is enough to cause a lot of unrest depending on what the verdict is...

              I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome while trying to succeed. ~ Booker T. Washington

              by Prickly Pam on Thu Aug 28, 2014 at 10:17:57 AM PDT

              [ Parent ]

          •  Thank you (0+ / 0-)

            Now I know a whole lot more about Grand Juries than I did before.  In general and in the Ferguson case. I feel much less confused now!

            I have learned that success is to be measured not so much by the position that one has reached in life as by the obstacles which he has overcome while trying to succeed. ~ Booker T. Washington

            by Prickly Pam on Thu Aug 28, 2014 at 10:13:57 AM PDT

            [ Parent ]

      •  WW - did his lawyer say he wanted to testify? (0+ / 0-)

        Which I would have to agree would be pretty unusual, or did the DA just say they would allow him to testify and that it would be welcomed. I've only heard the latter so far, but it certainly could be the former, also, no matter how rare that would be.

      •  The victim's parents aren't allowed in the Grand (0+ / 0-)

        Jury, the victim's lawyer isn't allowed in the grand jury. Why the hell would the damn officer who SHOT him be allowed in the grand jury?! That is STACKING the deck. That's a conflict of interest. He has EVERY interest in presenting the case to make it look like brown attack him. That should NOT be allowed at all.

        America Freedom to Fascism Be a solution not a problem Loosely Twisted

        by Loosely Twisted on Sat Aug 23, 2014 at 12:37:27 AM PDT

        [ Parent ]

  •  Then how can they have an investigation (3+ / 0-)
    Recommended by:
    a2nite, catwho, colbey

    of the shooting?

    The incident report is the jumping off point for all legal actions by the police.

  •  I'm guessing that Wilson's (2+ / 0-)
    Recommended by:
    a2nite, catwho

    attorney advised him to not make a statement due to 5th amendment considerations. This would likely be grounds for termination, but for whatever reason, they've figured that that outcome is better than the likely alternative for him.

    … the NSA takes significant care to prevent any abuses and that there is a substantial oversight system in place,” Sen. Dianne Feinstein (D-California), said August 23.

    by mosesfreeman on Fri Aug 22, 2014 at 06:00:05 AM PDT

    •  I would think the opposite (0+ / 0-)

      I saw somewhere that Wilson has filed the requisite notice to be allowed to testify at the Grand Jury.  Why do that if he is claiming his Fifth Amendment rights when questioned by investigators?

      I think it far more likely that he has given a written statement to the SLCPD, and it is being held by the prosecutor, just like everything else - witness statements, autopsy report, ballistics report, crime scene technician reports, etc.

      I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

      by Wayward Wind on Fri Aug 22, 2014 at 06:22:50 AM PDT

      [ Parent ]

      •  Has anybody actually seen Wilson's notice? (3+ / 0-)
        Recommended by:
        a2nite, mosesfreeman, VPofKarma

        I am just wondering...is it the kind where you are notifying the prosecutor so you can preserve your right to testify if you want to, like a placeholder, or does he demand to actually appear?

        In the early stages, we sometimes file demands to preserve our right to do something, then once we have the time and more information, we decide not to do it.

        Prepping someone to testify doesn't happen overnight, I'm surprised his attorney knows for sure he wants Wilson to testify.

  •  Is it typical... (1+ / 0-)
    Recommended by:
    Gooserock

    ... for a Police Department to generate an incident report of an incident that is being investigated by a different law enforcement agency, if one of their own officers was involved?  I would think not, because it's the responsibility of the investigating agency.  However, I don't know.  Can anybody shed some light on what the normal procedure is?

    •  But Nobody Would've Known That a Different Agency (6+ / 0-)

      would be investigating, shortly after the incident no? Wouldn't the officer involved be required to make a report shortly after he was finished at the scene? I would guess that with a deadly shooting, since there was no larger criminal or civil disturbance in progress, he'd have been normally expected to get onto reporting pretty directly.

      ????

      We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

      by Gooserock on Fri Aug 22, 2014 at 06:16:39 AM PDT

      [ Parent ]

      •  As I said in another diary, (0+ / 0-)

        I think that the moment the decision was made to turn over the investigation to the SLCPD, no one would be asking any questions or taking any statements from Wilson.  That would be left to the SLCPD investigators and rightfully so.

        And if I understand correctly, that decision was made with 40 minutes or so after the shooting, so I would imagine that no one was thinking about writing reports during that time period.

        I am a warrior for peace. And not a gentle man... Steve Mason, 1940-2005

        by Wayward Wind on Fri Aug 22, 2014 at 06:27:46 AM PDT

        [ Parent ]

        •  I disagree with you. (2+ / 0-)
          Recommended by:
          VPofKarma, colbey

          First, all the officers from Ferguson who were there for the first 40 minutes before STL arrived, could have/should have written reports about what they did, which would have been turned over to the STL officer in charge.

          Second, in the officer involved shootings I have seen, the shooter either wrote his own brief statement or was questioned, like a witness, by the assigned officer in charge.

          Moreover, the very first officer to arrive after the shooting had to have asked Wilson what happened in order to know what to do. Even if it was only one or two lines of conversation, those statements should have been placed in a report.

        •  No one thinking of reports? I don't believe it. (1+ / 0-)
          Recommended by:
          VPofKarma

          In my view, that's exactly why the Ferguson PD wanted to relieve itself of this land mine and close down.

          It. Was. A. Crime. With a crime scene. With an investigation essential because there was a homicide. And "no one was thinking about writing reports"?

          That doesn't sound anything like mere thought-less incompetence. That's intentional, including the hours the body laid on the pavement until somebody came by to investigate.

          2014 is HERE. Build up the Senate. Win back the House : 17 seats. Plus!

          by TRPChicago on Fri Aug 22, 2014 at 07:52:21 AM PDT

          [ Parent ]

          •  exactly (1+ / 0-)
            Recommended by:
            TRPChicago

            not thoughtless incompetence.  intentional.

            they were absolutely thinking of reports.  that's why the case was turned over so quickly.

            and maybe that's one of the reasons why Wilson had to go "have his injuries treated"--just some more time i which he couldn't possibly be expected to write his incident report, right?

  •  Wow, (9+ / 0-)

    They really are going all-out to make it impossible to convict Michael Brown's murderer.

    "These 'Yet To Be' United States" --James Baldwin-- -6.75, -5.78

    by kevinbr38 on Fri Aug 22, 2014 at 06:06:02 AM PDT

    •  That's Our System, If State Can't Make a Solid (5+ / 0-)

      case, the suspect should walk. It's key to making sure the state does not become oppressive.

      Of course when the state is prosecuting the state,....

      Houston we have a system design problem.

      We are called to speak for the weak, for the voiceless, for victims of our nation and for those it calls enemy.... --ML King "Beyond Vietnam"

      by Gooserock on Fri Aug 22, 2014 at 06:14:03 AM PDT

      [ Parent ]

      •  That's a great way to portray the problem... (0+ / 0-)

        and unfortunately it has been there since day one and no one has figured out how to fix it (if it can be fixed). We have separation of powers and inspector generals and investigating committees, but it still ends up being the government investigating itself. Not quite sure if I would go along with the UN doing the investigations. That would be pretty hit or miss, too!

  •  There is no report for a simple reason. (5+ / 0-)

    The is nothing that the officer involved in the shooting can put in writing that the nation will believe that he is justified for murdering a citizen he is sworn to protect and serve.
    Thus no report.

    Give blood. Play hockey.

    by flycaster on Fri Aug 22, 2014 at 06:10:34 AM PDT

    •  Plenty of people will believe him because of (0+ / 0-)

      his job, his gender & his race.

      To them, Brown deserved even caused his death, because.

      I voted Tuesday, May 6, 2014 because it is my right, my responsibility and because my parents moved from Alabama to Ohio to vote. Unfortunately, the republicons want to turn Ohio into Alabama.

      by a2nite on Fri Aug 22, 2014 at 06:21:48 AM PDT

      [ Parent ]

      •  Because he is black. (2+ / 0-)
        Recommended by:
        VPofKarma, colbey

        Yes I know. Okay then let's revise that for a moment. 32% of the population will buy it. Even Conservatives that I know and I know more than a few and yes we argue a lot, Agree that Mr. Brown was executed in the street while trying to surrender and that what the officer did merits the needle. Their words not mine. I figure that 32 account for the radically stupid and racist asshats currently dwelling in our country in blissfull ignorance.

        Give blood. Play hockey.

        by flycaster on Fri Aug 22, 2014 at 06:51:45 AM PDT

        [ Parent ]

  •  Why does the Ferguson chief still have a job? (10+ / 0-)

    There are no words...

    Wealth doesn't trickle down -- it rises up.

    by elsaf on Fri Aug 22, 2014 at 06:11:40 AM PDT

  •  Oh, they did an incident report. (3+ / 0-)
    Recommended by:
    David54, TKO333, VPofKarma

    But, Officer Wilson's report contradicted all of the evidence that later turned up, and they deep sixed it to protect him.

  •  Actual comment (2+ / 0-)
    Recommended by:
    carlos the jackal, pitbullgirl65

    Actual comment on the right-wing Daily Caller website:

    "the only thing I see wrong about ferguson is not enough negros were killed .oh well there is always the next time".

  •  Where Are Ferguson PR #2014-12391 & 43984 (11+ / 0-)

    Where are Ferguson Police Reports #2014- 12391 and  43984 referenced in the 19 page incident report from the Ferguson Market "robbery" the police chief handed out the same day he also finally released Darren Wilson name.

    If those reports are real, where are they? And if they are not real then it definitely calls into suspect ( again) the whole 19 page "robbery" report accuracy as well.

    Just WTF...

    How is this allowed?

    Government of, for, and by the wealthy corporate class elites. Since latest monstrosity in Gaza formerly from Elizabeth Warren Progressive Wing of political spectrum.

    by emal on Fri Aug 22, 2014 at 06:18:19 AM PDT

    •  This is a crucial point (2+ / 0-)
      Recommended by:
      drmah, VPofKarma

      I've taken the liberty of repeating it further up in the comment stream where folks are more likely to see it. (I credited you there.)  My own diary didn't snag many eyes either.

      The real USA Patriot Act was written in 1789. It's called the Bill of Rights.

      by nicteis on Fri Aug 22, 2014 at 07:35:45 AM PDT

      [ Parent ]

  •  Well, this pretty much goes to prove that (2+ / 0-)
    Recommended by:
    catwho, VPofKarma

    government officials (1) aren't very good at watching one another and (2) would be fired from most any successful private business which paid them what the public pays them.

    Thump! Bang. Whack-boing. It's dub!

    by dadadata on Fri Aug 22, 2014 at 06:20:41 AM PDT

  •  Did they not like NOTICE this -um- fact earlier? (2+ / 0-)
    Recommended by:
    TKO333, VPofKarma

    I mean, they have been asked for the report a couple of times before now.

  •  That's Not Keystone Cops (9+ / 0-)

    If what McCulloch reports is true, that is deliberate act on the part of the Ferguson police. And hiding that fact for 2 weeks a deliberate act on the part of the St. Louis County police and county district attorney.

    Even if the case were immediately turned over to St. Louis County, some report by the officers who were involved (Wilson and the 2 others who came to the scene fairly quickly afterward) has to have been made to someone.  A report about the discharge of Darren Wilson's weapon, at a minimum.  They may not have written it down but someone did.  It is an outright lie that no incident report exists somewhere. It may not be on official stationary, it may be on post-it notes, but somewhere there is a written record.

    And if not, then somebody better start writing Michael Brown's family a VERY large check.  Because that's where it is going to end up, civilly.

    I hope the ACLU and others who have made FOIA requests take this in front of a magistrate.  Let's see if the threat of an overnight jail visit produces something (which I hope is not the same level of pack o'lies that Ferguson produced on the robbery.)

    At this point, I just want America to admit that it still doesn't want its Black citizens to live in any state other than terror, subservience and inferiority, under pain of death. I can handle American racism, but I can't handle American denial.

    by shanikka on Fri Aug 22, 2014 at 06:24:42 AM PDT

    •  If there is no incident report (5+ / 0-)

      then lots of people broke another law -- besides murdering someone.

      Missouri Revised Statutes, sec. 610-100

      (4) "Incident report", a record of a law enforcement agency consisting of the date, time, specific location, name of the victim and immediate facts and circumstances surrounding the initial report of a crime or incident, including any logs of reported crimes, accidents and complaints maintained by that agency;

      (5) "Investigative report", a record, other than an arrest or incident report, prepared by personnel of a law enforcement agency, inquiring into a crime or suspected crime, either in response to an incident report or in response to evidence developed by law enforcement officers in the course of their duties.

      2. Each law enforcement agency of this state, of any county, and of any municipality shall maintain records of all incidents reported to the agency, investigations and arrests made by such law enforcement agency. All incident reports and arrest reports shall be open records. Notwithstanding any other provision of law other than the provisions of subsections 4, 5 and 6 of this section or section 320.083, investigative reports of all law enforcement agencies are closed records until the investigation becomes inactive. If any person is arrested and not charged with an offense against the law within thirty days of the person's arrest, the arrest report shall thereafter be a closed record except that the disposition portion of the record may be accessed and except as provided in section 610.120.

      " My faith in the Constitution is whole; it is complete; it is total." Barbara Jordan, 1974

      by gchaucer2 on Fri Aug 22, 2014 at 06:38:02 AM PDT

      [ Parent ]

    •  THERE would BE A TRANSFER DOCUMENT (1+ / 0-)
      Recommended by:
      VPofKarma

      1. Why didn't the St.Louis County Chief do the Press avails?
      2. Five or four hours on the road and no paper trail. Even St.Louis County needed to generate an incident report by talking to those that did it?
      3.Has anyone taken the Officer that shot up Michael Brown personal description of what he did? Does he get to write them after he thinks of a story? Or gets one written.
      4.is the original Hospital Report still secure? Did he have a chance to hit himself in the face or have another cop pound him in the face?
      5. The fix is in,or it sure looks like it. These Goobers were freaked out that they were not getting away with this think they know that?
      6. Every other cop on duty should have been interviewed separately to look for conflicts...is that going to be done anyway?

      "This is it ! ~ Nobody gets out of here alive" ~ concepts for living speech 1983

      by Leslie Sole on Fri Aug 22, 2014 at 10:21:21 AM PDT

      [ Parent ]

  •  I wonder what excuse they'll give for not (4+ / 0-)
    Recommended by:
    catwho, TKO333, VPofKarma, colbey

    admitting for 12 days that no report was filed.

    Maybe the police chief and his wife were fighting and the chief had moved into a church.  Oh, wait, McDonnell's already using that one.

  •  THE POWERS THAT BE (2+ / 0-)
    Recommended by:
    TKO333, VPofKarma

    IS WORKING OVERTIME TO HELP HIM GET AWAY WITH THIS.
    Do anyone actually believe that no one inthe prosecutors office has spoken with this officer???  He has erased his entire history before they released his name.  I'M SO PISSED.

  •  With this, probably hundreds if not thousands (2+ / 0-)
    Recommended by:
    catwho, a2nite

    of people who were willing to give the officer some benefit of the doubt are changing their minds.

    This whole city structure is corrupt.

    You can't make this stuff up.

    by David54 on Fri Aug 22, 2014 at 06:27:26 AM PDT

  •  The whole world is watching. (1+ / 0-)
    Recommended by:
    a2nite

    We are not looking so good.

    There are only two kinds of Republicans: Millionaires and fools.

    by deh on Fri Aug 22, 2014 at 06:30:43 AM PDT

  •  Or they think they're Acme Evil Geniuses (2+ / 0-)
    Recommended by:
    a2nite, Loosely Twisted

    I'm just hoping there's a Roadrunner to drop an anvil on them soon.

    We view "The Handmaid's Tale" as cautionary. The GOP views it as an instruction book.

    by Vita Brevis on Fri Aug 22, 2014 at 06:33:31 AM PDT

  •  it is instructive to watch this video (0+ / 0-)

    of the officer who shoved Don Lemon:
    http://crooksandliars.com/...

  •  I suppose the report would just say (1+ / 0-)
    Recommended by:
    colbey

    Encountered suspect jaywalking and executed him.................I guess I wouldn't file one either.

  •  Nothing to see here. (1+ / 0-)
    Recommended by:
    TRPChicago

    The US ranks 138th out of all 169 voting countries in actual voting. Since 1974, mid-term % of eligible voters who vote avgs. 37%. Democrats would dominate if they did one thing- GOTV. They never do. Curious.

    by Incredulousinusa on Fri Aug 22, 2014 at 06:39:04 AM PDT

  •  https://www.facebook.com/groups/344635735695485... (0+ / 0-)

    https://www.facebook.com/groups/344635735695485/ please visit our group C.L.E.A.R. Citizen Law Enforcement Accountability Review

  •  wow (2+ / 0-)
    Recommended by:
    drmah, colbey

    How can there not be a report? I would expect at least a CYA type of report. They don't even have that?

  •  But there is one on the alleged robbery (2+ / 0-)
    Recommended by:
    TRPChicago, colbey

    A robbery so insignificant that neither the clerk nor the owner bothered to call police.

    This is a PD that would use minor offenses like jaywalking as a means to an end. The town would often close court early making it a failure to appear and a new crime with more fines and interest and an endless cycle of more fines all for jaywalking.

  •  I imagine the actual report so contradicts reality (0+ / 0-)

    that they really don't want people to see it.
    When 'found' it will contain more lies and contradictions.

    "And all I ask is a merry yarn from a laughing fellow-rover, And quiet sleep and a sweet dream when the long trick’s over." - John Masefield

    by mungley on Fri Aug 22, 2014 at 06:47:20 AM PDT

  •  Just make shit up as you go along (3+ / 0-)

    Seriously.

    If you write shit down, then someone can come along later on and start QUESTIONING your version of events.

    On Giving Advice: Smart People Don't Need It and Stupid People Don't Listen

    by Brian76239 on Fri Aug 22, 2014 at 07:02:00 AM PDT

  •  answer (0+ / 0-)

    keystone cops first then liars second, they must keep things in chronological order.

  •  Holy. Fucking. Shit. eom (0+ / 0-)

    “Socialism never took root in America because the poor see themselves not as an exploited proletariat but as temporarily embarrassed millionaires.” - John Steinbeck (Disputed)

    by RichM on Fri Aug 22, 2014 at 07:23:48 AM PDT

  •  Or? (0+ / 0-)

    ¿Por qué no los dos?

    I do not believe in big government, or small government. I believe in good government.

    by xenothaulus on Fri Aug 22, 2014 at 07:54:37 AM PDT

  •  Their Excuse? It's An Ongoing Investigation.... (2+ / 0-)
    Recommended by:
    a2nite, colbey

    St Louis Co finally released an incident report 10 days after
    the incident because the ACLU demanded it.  It's bare bones w/ just the time, location & names.  It wasn't generated until 8/19/14.  They said due to the ongoing investigation only the Grand Jury will get the complete version......for now.

    Christine Byers the crime reporter for the St Louis Dispatch
    has been put on leave after she tweeted that "more than a dozen witnesses corroborated the officer's version."  When she was called out, she then said the police told her that.

    How could more than a dozen witnesses corroborate his version?  No one has reported the policeman's story publically other than some woman named "Josie".  She turns out to be a friend of Darren Wilson & his girlfriend.  Darren's girlfriend is also a police officer in the same department as Wilson.

    The crime reporter's tweet was retweeted by the Kansas City Star as fact.  That's when Christine had to backtrack & said her tweet "didn't meet her newspaper's standard".

    Regardless....Ferguson took the hit.  The protests & the notoriety landed in their lap, as it should have.  They paid the piper.  A disgraceful spotlight was shone on their town, their practices, their dodging, their police force, their Mayor & their Municipal Court which pulled in over $2.6 MILLION dollars in 2013 on fines & fees issued to the
    community.....86% of those fines were issued to black
    members of the community.  

  •  It's not just the report they "forgot".... (1+ / 0-)
    Recommended by:
    colbey

    My understanding is they didn't even radio-in the shooting in a timely manner (if ever).  According to Alderman French, witnesses overheard cops asking one another, "Should we call it in?" a full forty-five minutes after the incident.  Maybe they were referring to the so-called "riot" that was brewing or a piece of potential evidence they had found, but I doubt it.  The fact that they never called Michael Brown an ambulance, either, suggests to me that they had every intention of covering the whole thing up.  The gathering crowds foiled that plan.

    "I have sworn upon the altar of God, eternal hostility against every form of tyranny over the mind of man." -Thomas Jefferson

    by delillo2000 on Fri Aug 22, 2014 at 08:21:53 AM PDT

    •  there was an ambulance ?? (0+ / 0-)

      according to an earlier post here.  someone posted that an ambulance was on-scene within a couple of minutes.  that it had been very close by because of another call (involving a child) so was able to get there by, like, 12:04.

      yet, there was that video where Michael's body is lying in the street, there are several police vehicles and many police on-scene...and then someone cries out, "why haven't you called an ambulance at least?"

      so....was there an ambulance or not?  i'm quite curious now.

  •  The ONLY "Incident Report" in Missouri: (0+ / 0-)

    White Cop murders black youth.  So what?

  •  Trusting cops at this point in time (1+ / 0-)
    Recommended by:
    a2nite

    does NOT make you 'noble'.

    Just means you are really naive.

    Stop trusting them and learn.

  •  How could he fill out an incident report (2+ / 0-)
    Recommended by:
    drmah, colbey

    when he was busy pacing around the body for 20 minutes, with no visible injuries on his face?

  •  As Far As I Know, The Keystone Cops Shot No One (0+ / 0-)

    I am rather surprised they have not "found" a gun on the body.  We are at the point where all a law enforcement officer has to do is yell "stop or I'll shoot" loudly enough for others to hear before dropping his victim.  And that's enough of a "record" for legal purposes.

    Doesn't this sound more like the work of organized crime that law enforcement?  I am astonished at the ability to "change reality".

  •  WHY ARE YOU SURPRISED... (0+ / 0-)

    Death Squads do NOT keep 'Incident Reports' of their executions!!

    99% OF THE REPUBLICANS MAKE THE REST LOOK BAD

    by BarryWolk on Fri Aug 22, 2014 at 11:27:20 AM PDT

  •  "Keystone Cops or Liars?" (0+ / 0-)

    Why can't it be both?

    The reason that the Ferguson Police Department hasn't issued a report seems obvious.  A fully completed report would require the involved officer to commit himself to his version of events prior to the results of a U.S. Justice Dept. investigation becoming known, not giving him much wiggle room to change his story if another credible witness or independent video surfaces.  I'd bet the city's corporation council, as well as Officer Wilson's legal team quickly put the 'kabosh' on the issuing of a FPD report.  Instead, the citizens are left with a bare-bones report by the county police.  

    "The highest patriotism is not blind acceptance of official policy, but a love of one's country deep enough to call her to a higher plain." --George McGovern

    by Progressive Pride on Fri Aug 22, 2014 at 11:37:07 AM PDT

  •  For a forum concerned about cops (0+ / 0-)

    jumping to conclusions there sure are a lot of people jumping to conclusions.

  •  They are so corrupt! (0+ / 0-)

    This police department is so corrupt! They seem to really know how to play this game, they are playing it all too well.  They must have been doing this for a long time.  Anything that happens where one of their own was wrong and could go down and they start loosing reports, or just not filing them, releasing video that is irrelevant, doing everything possible to smear the victim.  They are showing their true colors aren't they...

  •  Incident report (1+ / 0-)
    Recommended by:
    catilinus

    Bear with me as I haven't commented in eons but one of the questions is where is the incident report. I have one-if this cop was allegedly seriously injured-was he treated at a hospital? Where is the proof for that BS?

  •  They couldn't write a report (1+ / 0-)
    Recommended by:
    colbey

    because they hadn't figured out what lies to tell yet.

  •  Keystone Cops or liars? Ferguson police now say th (0+ / 0-)

    Keystone Cops or liars? Ferguson police now say there is no incident report on the shooting.

    THEN WHAT THE HELL DID THESE SON-O-BITCHES DO FOR THE 5 HOURS THEY LET THIS YOUNG MAN'S BODY LAY IN THE STREET?  WERE THEY NOT SUPPOSE TO HAVE SECURED A CRIME SCENE AND CATALOGED ALL OF THE PERTINENT INFORMATION AND EACH OF THEM FILE A SEPARATE REPORT OF WHAT THEY FOUND AND SAW.  WHERE ARE THE MEASUREMENTS AND PICTURES OF THE SHOOTING SCENE AND THE SEARCH OF THE POLICE VEHICLE?

    WHAT HAVE THEY DONE IN THE TWO WEEKS SINCE THE SHOOTING?

    [1.] HAVE THEY INTERVIEWED ALL OF THE WITNESSES? HAVE THEY COLLECTED COPIES OF ALL OF THE VIDEOS TAKEN BY WITNESSES?

    [2.] DID THEY CANVASS THE ENTIRE AREA LOOKING FOR WITNESSES?  AND RECORDINGS OF THE INCIDENT?

    [3.] HAVE ALL OF MICHAEL BROWN'S CLOTHING BEEN PROCESSED FOR EVIDENCE?  WAS THERE ANY GUN SHOOT RESIDUE ON THEM?

    [4.] DID A FORENSIC TEAM PROCESS THE CRIME SCENE, THE POLICE VEHICLE AND MICHAEL BROWN'S CLOTHING AND THE POLICE OFFICERS CLOTHING?

    [5.] DID THE FORENSIC TEAM PERFORM A STUDY OF THE ANGLES THE BULLETS TRAVELED IN THE BODY TO DETERMINE THE WAY HE WAS FACING?  WAS A DETERMINATION MADE OF THE ENTRY AND EXIST POINT OF EACH BULLET WOUND? CAN IT BE DETERMINED IF  HIS HANDS WERE UP OR DOWN WHEN SHOT?  WHICH SHOOTS HIT WHERE AND IN WHAT ORDER?  WHAT WAS THE ANGLE OF THE BODY WHEN THE SHOOTS TO THE HEAD WERE FIRED.  WERE ANY ESTIMATES OF DISTANCE FROM THE BODY TO THE POINT FROM WHICH THE SHOOTS WERE FIRED? WOULD THE ARM AND HAND WOUNDS HAVE PREVENTED MICHAEL BROWN FROM HOLDING HIS HANDS UP?

    [6.] WAS THE POLICE OFFICER INTERROGATED AND RECORDED WITHIN 72 HOURS.  VIDEO AND AUDIO?  WHERE ARE THE RECORDINGS?

    [7.] WAS THE OFFICERS WEAPON IMMEDIATELY IMPOUNDED.  WAS HE IMMEDIATELY SUSPENDED?

    [8.] I WANT THE PROCEDURE FOR INVESTIGATING A SHOOTING IN FERGUSON PUBLISHED PUBLICALLY AND THEN I WANT A STEP BY STEP INVESTIGATION TO ENSURE THAT IT WAS FOLLOWED 100%.

    [9.] WHERE ARE THE RECORDS OF THE OFFICERS INJURIES?  WHAT PICTURES EXIST OF HIS INJURIES?  HOW, WERE AND WHEN WERE THEY TAKEN? WHERE ARE THE MEDICAL RECORDS OF HIS INJURIES?  WHO PERFORMED THEM AND WHERE WERE THEY PERFORMED

    [10.] I WOULD LIKE U. S. ATTORNEY GENERAL ERIC HOLDER TO CALL FOR A FEDERAL GRAND JURY TO INVESTIGATE THIS MURDER AND ALL CIVIL RIGHT VIOLATIONS IN THE CITY OF FERGUSON BY THE POLICE DEPARTMENT AND THE PROSECUTORS OFFICE AND BY THE CITY'S COUNCIL DURING THE PERIOD OF TIME ALLOWED BY ANY STATUTE OF LIMITATIONS.

    I WILL NOW ALSO CALL FOR PROSECUTOR MCCULLOCH TO RECLUSE HIMSELF FOR BIAS AND INCOMPETENCE.

  •  No POlice Report (0+ / 0-)

    Garbage!  There is a report.  The Police Chief new the details of which he released some the day he released the video, and that came from the officer/report.  The officer had plenty of time to file his report and it was many days before the local police were booted.

  •  No Incident Report (0+ / 0-)

    Of course there isn't. After all it was only a black kid who got killed, so who'd write that up? And besides, they lost it.

  •  Honestly, I wouldn't be surprised (0+ / 0-)

    by either option. They're both scary. If they're liars, they're liars. If they're Keystone Kops, they're Keystone Kops with assault weapons and armored vehicles.

  •  I file incident reports for paper cuts (0+ / 0-)

    I'm a job coach.  I teach job skills to developmentally disabled people in a non-profit private agency that is mostly funded by a variety of state agencies.  We fill out incident reports for some pretty insignificant things, minor cuts and scraps, inappropriate language or conduct (for a work situation), being late, unwillingness to accept coaching, a variety of medical conditions, bla, bla, bla.

    I've often kidded clients about not dying (from a paper cut for instance) because it would be too hard to explain in the paperwork.  It gets a laugh and distracts them from the sting.  

    So OK lets say one of them does happen to get shot (killed) at work.  We have a procedure for dealing with that.  It spells all the paper work and who we are required by law to notify and in what order.  We have an annual Emergency Response training that lays it all out and we certify at the end that we get it.  As what is called a (state) Required Reporter I can be charged just for failing to report the incident to the appropriate state abuse agency within 24 hours.

    Now let's see....I'm a cop and I just happen to shoot and kill an unarmed man....not so much so I guess.  

    BULLSHIT! They are lying or they are the most incompetent public agency in the US.  Oh, yeah!  There is that.  

    A bad idea isn't responsible for those who believe it. ---Stephen Cannell

    by YellerDog on Fri Aug 22, 2014 at 03:50:55 PM PDT

  •  Incident report (2+ / 0-)
    Recommended by:
    Loosely Twisted, colbey

    If one doesn't exist; a special prosecutor should be empowered to take testimony to create one.

  •  Keystone cops or liars? (0+ / 0-)

    As a retired police officer I find this report appalling.  Where is the narrative explaining what occurred before, during, and after the shooting of Michael Brown.  These two pages appear to be only the beginning pages of an incident report.  

  •  No incident report (0+ / 0-)

    Watching MSNBC and it was made clear that the report could not be made public as the St Louis police have the case.

  •  Keystone Cops (0+ / 0-)

    This situation in Ferguson MO gets more bizarre by the day.  By hiding or skirting the truth, the Ferguson police are simply worsening an already bad situation.  They have little to gain from these shenanigans.  Somewhere amidst this chaos is TRUTH.  Whether or not we ever get that truth remains to be seen.  The longer the police play this game, the less credibility they have, exponentially.

  •  I feel bad for the Keystone Kops (0+ / 0-)

    These guys were professional actors, doing a job, and doing it rather well. I'm not a fan of slapstick, but I can appreciate the professionalism people like the Three Stooges and Keystone Kops brought to the job at hand.

    Don't take life seriously; you'll never get out of it alive.

    by jeffconn on Fri Aug 22, 2014 at 11:57:29 PM PDT

  •  I think Lawrence O'Donnell (0+ / 0-)

    got it right when he suggested that the officer didn't fill out an incident report (as is required and is standard practice) on advice of counsel.  Because anything in an incident repot would be admissible in court.  So he refuses to fill one out to prevent self-incrimination.

  •  It is funny except for the dead people (0+ / 0-)

    THe FEDS need to shut this crap down and detain all the force until they can come up with the truth. When a town government steals MONEY they do that.

  •  Keystone Cops (0+ / 0-)

    The headline, "Keystone cops or or liars?" is misleading. This not an either or situation, it is in fact both! The big problem though, as I see it, is, nothing is going to happen to the killer. I don't know, and don't want to know at this time if Michael Brown stole anything, that had nothing to do with the murder on the streets of Ferguson Mo., and the cop should not be on the streets at all.

  •  Ferguson and Hate (0+ / 0-)

    OK FOLKS ENOUGH IS ENOUGH.

    Nothing will justify murder. Ever.  It is more reprehensible – if that’s possible, when it’s race based or fear based, or both.

    HOWEVER, how did a town with a majority ‘minority population’ elect an essentially fear filled and racially biased government?

    No one went out to vote.  The Great American Indoor Sport: not bothering to vote.  This common in both European-American ( an odd description but I have nothing more accurate) as well as African American (an odd description but I have nothing more accurate) districts.  

    However, it is far more important in voting districts with a history of racial bigotry for voters to actually vote.

    So while this is a devastating tragedy for both the family and the city, the electorate needs to vote if they want a government responsive and responsible to the voters.

    According to the news reports, there is now an effort to register voting age residents to vote.  How old is the Civil Rights movement?  We have to wait till we’re  invited?  NO ONE has THE RIGHT to NOT VOTE.  Vote so bigots do not run the city, the district or the national government.

    There is never an excuse to not vote.  NEVER.

    If voter registration is blocked or impeded, there are literally dozens of News Organization ready to hang the bast-ards up to ridicule.  From Al Jazeera to Daily Kos to CBS, CNN, ABC and NBC, hate is big news, and vilified.

    People in other countries are shot dead demanding this right, and we cannot get off our sofas to exercise our right to elect a government that actually represents our needs, our interests, our fellow residents.  Remember the fight between John Kerry and George Bush.  Bush won because Democrats didn’t bother to vote.

    Then was the massive recession which hit African-Americans harder than most other segments of the electorate and the wars….  

    We haven’t learned a damned thing.

  •  Remove (0+ / 0-)

    the prosecutor from his job and try the offending officers in court.

    "It is the responsibility and duty of everyone to help the deserving underprivileged and less fortunate among us."

    by sichuan on Mon Aug 25, 2014 at 04:35:06 PM PDT

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