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By: Robert A. Bianchi, Esq., Morris County Prosecutor (2007-2013)
Written: September 2014
Are the circumstances surrounding the Michael Brown shooting case an example of what we expect of our justice system? I don’t believe so. Rather, I find that it is a perversion of justice – one that serves neither Michael Brown, Officer Darren Wilson, the police department, nor the citizens of this nation.
There are many errors thus far in the Michael Brown shooting case that make the trustworthiness of this investigation a problem. I will only mention three:
1. Community Relations:
Prosecutors and police MUST establish solid, trustworthy community relationships way in advance to any problem. I have seen this problem arise time and time again. There is a resistance in law enforcement (and I realize why in some instances) to get out into the community and proactively dialogue with the community and its leaders. Worse yet, there are many “leaders” of law enforcement agencies that do not, at a minimum, value the vision and benefits of community relations and see it as something that is not productive or worthy of their time. This is a huge mistake!
Establishing bonds with the community that the law enforcement serves, and is funded by, is imperative. From a law enforcement perspective, the dividends of such relationships are many. Firstly, you show the community you have an investment in keeping their community safe. Accordingly, you allow the two to be “partners” in the crime fighting endeavor, rather than being viewed as untrustworthy adversaries.
The intelligence gained from healthy community relationships, as opposed to distrust, is invaluable to law enforcement. It is the people of the communities that have a vested stake in keeping their communities safe. And they are the ones that know the individuals who are committing the crimes in their community. They are able to steer law enforcement like a laser beam to the crime problem. Without their help, law enforcement is left to luck to fall upon them to get a worthy case. It is also a tremendous waste of precious taxpayer resources. Community relations is a “force multiplier” to law enforcement’s laudable goal of arresting and prosecuting those persons committing crimes that often ravage communities. And here too, there is a mutuality of interest in the goal of eradicating crime in the community. It is another place where each “side” has the same goals and is another great starting point in the dialogue of what joins us all together, than what separates us.
Also, this allows the community having problems with law enforcement’s actions to have a voice and opportunity to express any concerns in a calm, professional, and intelligent manner. Law enforcement does not have to agree with the concerns, but at the very least, the community is being heard and given a valuable opportunity to explain its position. This too clears up misinformation and distrust and is a healthy win for both the community and law enforcement that serves them.
Unfortunately, community affairs relations is not always a priority on most law enforcement agendas. It is often seen as a “warm and fuzzy” unit that has no meaning to “real cops and prosecutors.” This kind of archaic thinking is at the root of most of these issues and needs to be put to rest in the law enforcement community immediately…from the top down.
When I was Prosecutor, my staff and I often visited all of the leaders in our community, went to their events, attended various services, and held ceremonies honoring the different cultures, faiths, and customs. We explained to the leaders of the community and their members our vision, provided a high level staff member as a point of contact (my Chief of Investigations, William Schievella), and addressed any concerns they had. It was always a positive dialogue, and we were able to connect and know one another as individual people…not just people in an ivory tower making random decisions affecting their lives. It formed a symbiotic and transparent relationship. Respect and trust was being developed.
Consequently, on that tragic day when the fatal police shooting of a minority citizen occurred in my county, I was able to assemble the community leaders in my office for a briefing immediately upon leaving the scene of the shooting. Did I have to do this? No. Did I give them investigative information? No. However, because of our ongoing relationship, I assured them that the matter would be fully investigated, and wherever the facts, law, and truth led us, our findings would be made public for all to see.
I was able to tell the community leaders that we already had a relationship and I believed that I had earned their trust. They agreed! I told them I did not want protests, activists, a media frenzy, or the like, to be part of the investigation because invariably the police would then respond to protect their interests and the case would then be played out in the court of public opinion and not assure us that we were getting to the truth. They agreed, the police agreed, and it allowed for us to handle the case slowly, methodically, and in a manner that was not sidetracked by a public relations disaster.
2. It is imperative that the county or state or federal officials immediately step in to investigate a shooting case.
You cannot leave it to an agency to investigate their own, even for a second. Extremely valuable information comes at the beginning of a case, evidence may be lost or destroyed, and the appearance of impropriety ratchets up. There needs to be a layer of separation among law enforcement agencies immediately at this crucial stage of the investigation.
Now, I do not know the “players” in this matter, or even the fair facts. However, I do know that there is a palpable distrust in the community and this case has become a media nightmare for the community and the police department. There is a community that demands an officer be held accountable and prosecuted, even before all of the facts, forensics, etc. are established. This is in part due to their feeling that the police from the outset were investigating their own and skewing the investigation in favor of the police officer.
3. How to Manage the Media Onslaught:
I am not faulting the media, as they have a valuable job to perform as well. However, the police and prosecutors have a different job and the prosecutor’s is more meticulous and detailed oriented and takes time to do right. They have to build a case that can withstand the rigors of a court of law and proof beyond a reasonable doubt, if one is to be charged. This takes time and patience to do correctly, regardless of the outcome. It is the only way that both sides can be assured that there is integrity to the process and not a rush to judgment on partial facts and/or bad data.
The media, however, wants answers well before facts can be confirmed, tested for their veracity, and substantiated by objective forensic means that take time and patience. The police and prosecutors, however, must move slowly to gather and analyze facts. This tension between the media’s desire for immediate information and law enforcement’s qualitatively slow pace creates a constant battle.
Media accounts can often skew witnesses’ memory and hinder law enforcement’s ability to do their job. But we all know the media will never simply go away, nor should they. The compromise is that the law enforcement community provide only a little information, and then be bold in stating that this is an active investigation and not release any information, even if criticized by the media for doing so. In the end, it is not about criticism by the media that counts- it is about getting it right. Sure, there may be unwarranted “hits” for doing so, but in the end the law enforcement agency investigating a case will be respected for having a clean and detailed set of facts, undaunted by pressure from the community, police, or media. More importantly, the investigation will withstand the rigors of those that who later review what was done, and are seeking to determine if it was done thoroughly, properly, and objectively.
More importantly, there should never be a release of negative information about the person killed, while claiming on the other hand to be holding off on information regarding the police officer’s actions. Of course, one would have to know that doing so gives the understandable appearance that law enforcement is publicly covering for the officer while trying to sully the reputation of the person shot.
This was a very bad media and investigative strategy and was very ill-advised.
Also, in my opinion, some in the media, as well as some elected officials, have taken advantage of “scoring points” with constituent groups before all the facts are in. This is not only unfair to both sides, but it is pandering at its worst and it is shameful! These actions only add to the problem, create greater distrust, and are done for advancement of their personal agendas, which is a disservice to the public.
A simple rhetorical question suffices to make the point. Would you want to be judged for something you did in this fashion? Of course not!
From what the media portrays – one of the few people that seems to get this is Michael Brown’s father. It is he that has the foresight and courage to state that we all should wait until the authorities have the time to do a thorough investigation and not jump to conclusions. It is he that is trying to tamp down speculation, anger, and hatred. And, importantly, he is not using this as a platform to advance any interest other than getting to the truth. Well done! That is exactly the tenor that the police and prosecutors should have been able to accomplish from the outset.
In conclusion, the results of the Michael Brown shooting is a nightmare for the police and prosecution right now. And, now a nation watches this debacle and is forming opinions upon a case that was mishandled from the outset. The distrust stemming from previously poor community relations is now coming home to roost. The media saturation, knee jerk assessment of the facts and opinions, people taking advantage of the situation for personal advancement, as well as the rhetoric, guarantee that even if investigated properly, neither the Michael Brown supporters, nor the police officer supporters, will ever feel that this was anything more than a sham.
In my mind, justice will never be possible in this case and all that will develop nationwide is a deepening distrust between the law enforcement community and the citizens they serve. This is so tragic, especially for the many fine men and woman in law enforcement that dedicate and risk their lives each day protecting us and that are striving to be excellent police officers and who are doing things correctly.
Lastly, there are some law enforcement agencies that have very proactive community affairs relations with the communities they serve. They work hard at doing things right and allowing the community to participate in a healthy dialogue.
In the end, we can only hope that this case evidences the importance of honest attempts to reach out to the communities that law enforcement serves, and that the communities that law enforcement serves will make honest efforts to meet them half way. In this way, at least this tragic investigation can have some positive outcome.
© 2014 Robert A. Bianchi, Esq.
The Bianchi Law Group, LLC is a full-service litigation law firm practicing in the areas of criminal defense, personal injury and business litigation. The firm is led by Robert A. Bianchi, Esq., the former Morris County Prosecutor, one of only 250 Certified Criminal Trial Attorneys in New Jersey, as designated by the New Jersey Supreme Court, and the only former County Prosecutor among this elite group. Bob is joined by David Bruno, Esq., a former Assistant County Prosecutor and Certified Criminal Trial Attorney, and Brielle Perelli, Esq.
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