On May 5, U.S. District Judge Rodney W. Sippel decided to abstain in the American Civil Liberties Union of Missouri’s lawsuit on behalf of Grand Juror Doe. The Court found that Grand Juror Doe may ask the St. Louis County Circuit Court to be released from the oath of secrecy based on St. Louis County Prosecuting Attorney Robert McCulloch’s “disclosures and the unique circumstances of this case.” The court also found that Missouri laws might be interpreted to allow Doe to speak.
“I find that Missouri courts should be given the opportunity to resolve this issue before Juror pursues a federal constitutional challenge,” wrote Judge Sippel. “There are state court remedies available to give Juror the relief she seeks. Abstention will not impact Juror’s ability to litigate her right to speak about her grand jury experience.”
“The court refused Mr. McCulloch’s request to rule in his favor on the merits of Grand Juror Doe’s First Amendment claim,” explains Tony Rothert, legal director of the ACLU of Missouri. “Instead, the judge found that under Missouri state law there might be remedies available to give Grand Juror Doe the right to speak freely, without a federal court intervening to decide the constitutionality of Missouri’s statutes. “In the coming days, we will determine how this case will continue to move forward.”
Doe, who served on the grand jury which investigated the killing of Michael Brown by Ferguson Police Officer Darren Wilson, filed suit against Robert McCulloch, prosecuting attorney for St. Louis County, on Jan. 5. The ACLU of Missouri represented Grand Juror Doe because, without permission from a court, it is a crime for grand jurors to discuss their service. McCulloch was named as the defendant since he would be the person to bring charges against Doe.
“Juror Doe has a unique perspective and can give the public a fuller picture of how our government works,” explains Rothert. “Juror Doe is eager to speak about race relations and grand jury proceedings in Missouri and we are working diligently to make that happen.”
“The racial injustices uncovered after the fatal shooting of Michael Brown permeate multiple levels of government, and we need transparency, accountability and reforms for effective change,” says Jeffrey Mittman, executive director of the ACLU of Missouri. “The public and our legislators, who are considering several bills that propose solutions, deserve a complete view of how the grand jury process working in the Darren Wilson investigation and it would be valuable for Juror Doe to add to the conversation.”
Cooperating attorneys on this case are Eric Sowers, Ferne Wolf and Joshua Pierson, from Sowers & Wolf Attorneys at Law. A copy of the complaint and other court documents can be found on the ACLU of Missouri website.