CLEVELAND -- The Cleveland branch of the NAACP released a statement Tuesday night calling for Cuyahoga County Prosecutor Timothy McGinty to remove himself from the Tamir Rice case.
The organization claims that McGinty is undermining the integrity of the grand jury process.
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"Even more amazing the Prosecutor is treating the process like it's a referendum on his popularity," the organization wrote in a press release.
They later question McGinty's behavior, writing, "His office has become a cauldron of intemperate remarks toward the Rice family, and his conduct in this case reprehensible."
Tamir Rice, 12, was shot and killed by a Cleveland police officer in November 2014 outside the Cudell Recreation Center.
The organization believes it may be necessary to delay the case in order to find a new grand jury and bring in an independent prosecutor.
Read the complete press release below:
"Cuyahoga County Prosecutor Timothy McGinty is undermining the integrity of the Grand Jury process. The Grand Jury has always been subject to criticism for the way in which it has traditionally been used by prosecutors to indict in the most questionable of circumstances. The time honored saying of "the grand jury can be used to indict a ham sandwich" has been turned on its head, when it comes to Tamir Rice and other cases of police excessive use of force."
"In most instances a prosecutor accompanied by a police officer would present minimum information to a group of 15 people who comprise a typical grand jury (9 regulars and 6 alternates). That information is usually viewed under the lowest criminal standard, "probable cause." Based on that review, the panel then votes whether based on the evidence before them, probable cause exist to issue an indictment (charges). If seven of the nine on the grand jury vote yes, then the case proceeds, if not the case is no billed and dropped. In over 90% of the cases grand juries issue indictments. The exception…police excessive use of force cases."
"What we are witnessing in the Tamir Rice case, is a mini trial, in which the prosecutor is asking the grand jurors to serve as a petit jury, and decide not probable cause, but guilt or innocence. This is not the function of the Grand Jury. Even more amazing the Prosecutor is treating the process like it's a referendum on his popularity."
"The result is that a family (the Rice's) and the community (us) are being put through an unnecessarily emotional meat grinder. Confidence in the criminal justice is system is being eroded by the prosecutor's theatrics. His office has become a cauldron of intemperate remarks toward the Rice family, and his conduct in this case reprehensible. It's time for Mr. McGinty to remove himself from this process. Unfortunately because this case has become the favorite football for not one, but two politicians, delaying this case yet once again may be necessary. It would be prudent to impanel a new grand jury, and bring in an independent prosecutor to insure that this case gets a proper review. It's time for justice to become the focal point, not political grandstanding. It's time for this prosecutor along with his crusade to prove he's an equal opportunity antagonist to take a seat on the sidelines."
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