(function()var src_url=”https://spshared.5min.com/Scripts/PlayerSeed.js?playList=519338817&height=&width=100&sid=577&origin=SOLR&videoGroupID=155847&relatedNumOfResults=100&responsive=true&ratio=wide&align=center&relatedMode=2&relatedBottomHeight=60&companionPos=&hasCompanion=false&autoStart=false&colorPallet=%23FFEB00&videoControlDisplayColor=%23191919&shuffle=0&isAP=1&pgType=cmsPlugin&pgTypeId=addToPost-top&onVideoDataLoaded=track5min.DL&onTimeUpdate=track5min.TC&onVideoDataLoaded=HPTrack.Vid.DL&onTimeUpdate=HPTrack.Vid.TC”;if (typeof(commercial_video) == “object”) src_url += “&siteSection=”+commercial_video.site_and_category;if (commercial_video.package) src_url += “&sponsorship=”+commercial_video.package;}var script = document.createElement(“script”);script.src = src_url;script.async = true;var placeholder = document.querySelector(“.js-fivemin-script”);placeholder.parentElement.replaceChild(script, placeholder);})(); Lawyers for the family of a 12-year-old boy fatally shot by …
Lawyers for the family of a 12-year-old boy fatally shot by a Cleveland police officer called for a federal investigation into his death because they say the local prosecutor has been biased in favor of law enforcement. ;
In a letter to Attorney General Loretta Lynch that was released on Tuesday, the legal team for Tamir Rice’s mother and sister complained about the unusual measures taken by the Cuyahoga County prosecutor’s office in reviewing the 2014 shooting. ;
“We write to request that your office launch an independent investigation into Tamir’s death because the local prosecutor has abdicated his responsibility to conduct a fair and impartial investigation and has severely compromised the grand-jury process,” attorneys for the Rice family wrote. ;
The family has long believed that charges should be leveled against Officer Timothy Loehman, who shot Tamir at a Cleveland playground on Nov. 23, 2014. Loehman, who is white, and his partner had received a report that a black male was waving a gun there. In fact, Tamir had a pellet gun that lacked the brightly colored tip that usually distinguishes such toys from real firearms. ;
But the letter to Lynch shows that the family’s frustrations have widened under prosecutor Timothy McGinty’s oversight. The family’s lawyers allege that he has manipulated the investigation and grand jury proceedings to benefit the officers.
(Read the full letter below.)
This month, McGinty allowed Loehman and Officer Frank Garmback, who drove the squad car to the playground, to read prepared statements to the grand jury, but then allowed them to invoke the Fifth Amendment to avoid questioning by lawyers.
An individual cannot selectively use Fifth Amendment protections against self-incrimination after giving some testimony under oath, the Rice family attorneys said. ;
Normally, grand jury proceedings take place in secrecy. But the Tamir Rice case has been full of unusual developments. Earlier this fall, McGinty was criticized for releasing evidence from experts who wrote the Tamir’s shooting was “tragic” but “reasonable.” Those experts have been criticized as being overtly pro-police. ;
The lawyers for Tamir’s family acknowledge in their letter that it is often improper to expose the grand jury proceedings, but said the extent of McGinty’s misdeeds forced them to speak out. ;
“It is clear that a grave miscarriage of justice is underway and that federal intervention is called for,” attorneys Jonathan Abady, Earl Ward and Zoe Salman wrote. ;
In October, another lawyer for Rice’s family told HuffPost ;that Tamir’s mother wanted the DOJ to intervene, but this letter represents a more formal request for the feds to get involved. ;
The letter also alleges that McGinty’s office, in another unusual move, asked Rice’s family to gather evidence on its own for the grand jury. Experts rounded up by attorneys for Rice’s family were then subjected to perverse questioning by prosecutors last week, the letter alleged.
In one instance, a prosecutor removed a toy gun from his pants and pointed it in the face of an expert during his testimony, according to the letter. ;
The surprise use of a prop in court was an exaggerated reference to the threat Loehman allegedly felt when encountering Tamir. ;
In a statement to investigators, Loehman said he opened fire after he and his partner yelled at Tamir to put up his hands. ;
The lawyers for Tamir’s family, like other critics, disputed Loehman’s account. Tamir could not have heard any commands, because the windows on the patrol car were rolled up, the lawyers wrote. Video showed Loehman open fire within two seconds of exiting the vehicle. ;
Loehman said that Tamir was reaching for his waistband, but the family’s lawyers contend that he overreacted because the “toy gun” was not visible. ;
McGinty’s office did not respond to HuffPost requests for comment. ;
Read the full letter from the family’s lawyers:
— This feed and its contents are the property of The Huffington Post, and use is subject to our terms. It may be used for personal consumption, but may not be distributed on a website.
Source:
Lawyers For Tamir Rice’s Family Slam Prosecutor’s Investigation
