THE BLOG

Hands Up But Don't Lie

03/11/2015 03:41 pm ET | Updated May 11, 2015

The DOJ reports on Ferguson are in. My policy is to read the full accounts prior to commenting, and in this case, I'm very glad I did. The two reports issued by the DOJ offer very different and conflicting images of the August events in Ferguson. As usual, you will never get a clear understanding unless you read BOTH reports in their entirety with an open mind, rather than skimming to find supporting evidence of your own preconceived notions. I watched social media for the past couple days, not surprised that my policing friends view the exoneration of Officer Wilson as proof of policing integrity and media bashing, while my community activist friends seized upon the DOJ's scathing report on the systemic abuses within Ferguson's criminal justice system as proof that we don't need to know whether Michael Brown's hands were up or he was attacking Officer Wilson because the community is fed up. As a country, we need to read both reports because the truth will never be found inside our own little boxes.

I'm going to start with the DOJ report on Officer Wilson, because I think even now, most press coverage is not fully examining and informing the public of the entire picture. Reports have consistently vilified the officer and the entire law enforcement response with bold, front-page headlines and sensationalism, printing any charge of police brutality as fact. Even now, when the DOJ's own report largely corroborates Wilson's testimony by forensic evidence, completely discrediting witnesses who LIED, the best we can get from most of the press is a mumbled mention of witness "misstatements." Why isn't this a front page headline? Witness lies caused outrage and led to rioting and looting! It seems to me that fair reporting demands at least equal front page coverage.

Most of the uproar and outrage of this incident revolves around a few key assertions:

1. Michael Brown was stopped by an arrogant officer who told him to get on the sidewalk and became enraged when his "order" wasn't followed, and consequently, he shot Brown.

Cops know that situations like this do not occur in a vacuum. We hear the description of the incident and understand instinctively that officers' radio and computer communications are constantly spitting out audio and computerized messages regarding crimes and an alert cop uses them proactively. That's good policing. The DOJ report confirms this:

"The dispatch recordings and Wilson's radio transmissions establish that Wilson was aware of the theft and had a description of the suspects as he encountered Brown and Witness 101 [Dorian Johnson]. As Wilson drove toward Brown and Witness 101, he told the two men to walk on the sidewalk. According to Wilson's statement to prosecutors and investigators, he suspected that Brown and Witness 101 were involved in the incident at Ferguson Market based on the descriptions he heard on the radio and the cigarillos in Brown's hands. Wilson then called for backup, stating, "Put me on Canfield with two and send me another car.'"

2. Mr. Brown never attacked the officer, only defending himself when the officer grabbed his neck through the open SUV window.

Dorian Johnson, Brown's companion and fellow robbery suspect that day, made these allegations to various media outlets immediately following the shooting. Additionally, other community "witnesses" came forward to issue similar stories. Again, the DOJ report and physical evidence disproves this:

"Wilson and other witnesses stated that Brown then reached into the SUV through the open driver's window and punched and grabbed Wilson. This is corroborated by bruising on Wilson's jaw and scratches on his neck, the presence of Brown's DNA on Wilson's collar, shirt, and pants, and Wilson's DNA on Brown's palm. While there are other individuals who stated that Wilson reached out of the SUV and grabbed Brown by the neck, prosecutors could not credit their accounts because they were inconsistent with physical and forensic evidence, as detailed throughout this report...Brown then grabbed the weapon and struggled with Wilson to gain control of it. Wilson fired, striking Brown in the hand. Autopsy results and bullet trajectory, skin from Brown's palm on the outside of the SUV door as well as Brown's DNA on the inside of the driver's door corroborate Wilson's account that during the struggle, Brown used his right hand to grab and attempt to control Wilson's gun."

3. Brown's hands were up in a surrender posture when shot by Officer Wilson. Here's the DOJ:

"Witnesses who say so cannot be relied upon in a prosecution because they have given accounts that are inconsistent with the physical and forensic evidence or are significantly inconsistent with their own prior statements made throughout the investigation. Certain other witnesses who originally stated Brown had his hands up in surrender recanted their original accounts, admitting that they did not witness the shooting or parts of it, despite what they initially reported either to federal or local law enforcement or to the media."

4. The police willfully let Mr. Brown's body lay in the street for hours, proving that they had no concern for the loss of his [black] life.

Major crime scenes, especially police involved shootings, require detailed and thorough investigations, which take many hours in order to properly catalogue evidence. This does not change based upon the race of the victim. Add the reality of a small police department that relies upon a larger county agency for investigative support, it will take longer for the investigating detectives and crime scene techs to arrive. In Ferguson, the gathering crowd, no doubt fueled by the incendiary, false accusations, became violent. Now the police had to stop investigating in order to defend themselves. Here's part of DOJ's lengthy explanation:

"During that time frame, between about 12:45 p.m. and 1:17 p.m., SLCPD reported gunfire in the area, putting both civilians and officers in danger. As a result, canine officers and additional patrol officers responded to assist with crowd control. SLCPD expanded the perimeter of the crime scene to move the crowd away from Brown's body in an effort to preserve the crime scene for processing."

"In this case, crime scene detectives had to stop processing the scene as a result of two more reports of what sounded like automatic weapons gunfire in the area at 1:55 p.m. and 2:11 p.m., as well as some individuals in the crowd encroaching on the crime scene and chanting, "Kill the Police," as documented by cell phone video. At each of those times, having exhausted their existing resources, SLCPD personnel called emergency codes for additional patrol officers from throughout St. Louis County in increments of twenty-five. Livery drivers sent to transport Brown's body upon completion of processing arrived at 2:20 p.m. Their customary practice is to wait on scene until the body is ready for transport. However, an SLCPD sergeant briefly stopped them from getting out of their vehicle until the gunfire abated and it was safe for them to do so."

4. Authorities released video evidence from the convenience store robbery in order to improperly indict Brown. In fact, protestors and media outlets asserted that the robbery had nothing whatsoever to do with the shooting.

Folks, the robbery had everything to do with the shooting. The robbery set the rest of the events of that day in motion in ways clearly explained above.

Here's the problem. These false assertions took off and turned into a narrative that still persists today. Those who wish to believe fabricated storyline have openly stated that they are not swayed by physical evidence, including three separate autopsies, and a six month DOJ investigation proving otherwise, even after they themselves demanded this thorough federal review. It's unfortunate that many in the media and purported leaders of the Black community, confronted with evidence, now say that the facts don't matter. Systemic bias and oppression is somehow an excuse to lie about what they saw. Make no mistake, those lies directly led to rioting. What's worse? Nobody is saying one word about charging anyone with a crime. Last time I checked it was a crime to falsify criminal reports, commit perjury, and incite riots. In Mr. Johnson's case, his involvement in a felony that ultimately led to his friend's death should earn him a felony murder charge. Where is the media's outrage that the actions by these individuals resulted in rioting that destroyed the livelihoods of innocent residents in Ferguson and other cities? Where is the community's outrage?

Last week I talked about integrity in law enforcement. This week I'd like to issue the same challenge to community leaders and the media. Have the courage to stand up for what is right, even if it doesn't support the "message". Stop throwing gasoline on problems and try working on real solutions. Black lives matter. Police lives matter. ALL lives matter. But that's not the point here. How does dangerously embellishing one incident and destroying one officer's life help further the cause of equality? Hands up, don't shoot implies that the police are hunting black citizens and shooting them in the street with no provocation. That is not factual. That's not to say that there are no rogue cops that need to be identified and charged with crimes, if applicable. They do. But, I don't believe a rallying cry based on a lie helps make things better for community relations. It's no different than if a cop frames a suspect because he believes the end justifies the means. It doesn't.

Next week I'll examine the other DOJ report on the systemic problems in Ferguson with an equally critical eye. Here's the link to the official DOJ report on the Brown shooting. Attorney General Holder asked that you read it in it's entirety. I hope you will take the time to read with an open mind and heart.