When it was announced that the investigation into Jamar Clark's homicide would proceed to a grand jury, I became concerned. Grand juries usually indict in regular criminal cases, but rarely in officer-involved shootings.
This time cannot be business as usual. This moment cries out for transparency and accountability — for justice. We can provide that by reforming the grand jury process for officer-involved shootings, fixing the criminal sanctions system and addressing the debilitating racial gaps that plague our state.
The independent investigations being conducted concerning Clark's shooting are significant. The U.S. Department of Justice agreed to review the case within two days of Jamar's death, and the Bureau of Criminal Apprehension is reviewing a Minneapolis case for the first time in 15 years. These are important accomplishments.
In too many recent cases — from Eric Garner to Tamir Rice to Mike Brown — grand juries have refused to indict in officer-involved killings. Grand juries are secret and almost always do what the prosecutor wants.
We have better options than a grand jury. The prosecutor could take responsibility for the charging decision and skip the grand jury. This approach offers accountability and transparency. California has ended grand juries for cases involving the use of deadly force by officers.
Appointing a special prosecutor is another option. If a grand jury is used, the prosecutor should be independent, maintain all transcripts and release all evidence. New York has named a special prosecutor for police deadly-force cases.
In 1990, Tycel Nelson, 17, was shot by a Minneapolis police officer. I was involved when the community rallied and protested, as is happening now. The county attorney knew business as usual would not work and appointed a well-respected lawyer, Billy McGee, as special investigator to prepare the case for the grand jury. Although the officer was not criminally charged, the involvement of a special investigator gave the community some confidence in the fairness of the process.
In addition to reforming the grand jury process, we must fix our broken criminal justice system. Activists are shining a light on the moral failings of mass incarceration and the need for police accountability.