St. Louis Observer: August 12, 2022
Second detainee in two months found dead in City Justice Center; police unions sue to block accountability law; Fatal State Violence Response Team created to help families navigate police shootings
Editor’s Note
Following the repeal of Roe v. Wade, a little-discussed, often-taboo doctrine of jury nullification has begun to resurface. Mentioning the term “jury nullification” during a court proceeding could result in a mistrial. Missouri and Kansas’ highest courts have held that there is no “right” to jury nullification, and as such, jurors should not be instructed on the doctrine.
But what is jury nullification - sometimes called “the secret constitutional right” - and why is it unmentionable during legal proceedings?
Simply put, jury nullification is a “jury’s knowing and deliberate rejection of evidence or refusal to apply a law,” either because the jury wants to send a message on a social issue or the jury believes that the law is unjust, immoral, or unfair. Jury nullification results when a “not guilty” verdict is returned, even when jurors believe that a crime was committed beyond a reasonable doubt, but the jury fundamentally disagrees with the application of the law or motives of the prosecuting attorney.
Because a “not guilty” verdict is not appealable by a prosecutor and therefore cannot be overturned, and the jury cannot be punished for their verdict, the law is considered to be “nullified.”
Opponents of jury nullification claim that the doctrine is a “gut-punch to democracy” and an “invitation to anarchy,” but at its root, jury nullification is one of the purest forms of democracy. What opponents forget is that the prosecutor has the sole discretion to file charges against someone and judges retain the authority to dismiss those charges and even overturn them - why does the other fact-finding body (the jury) not have the same level of discretion?
Historically, jury nullification has been used by all-white juries to free white defendants accused of murdering Black people, but of course, the moment jury nullification is discussed as a means to restoring power to communities of color and neighborhoods impacted the most by racist policies such as the “War on Drugs,” the doctrine “flies in the face of everything this country stands for.”
Today, jury nullification has been used by jurors to decline sentencing a person to death, and it remains a possibility for jurors hearing charges filed against women seeking an abortion in a state that has criminalized the medical procedure.
Undoubtedly, courts and prosecutors alike are afraid of the consequences of a fully-informed jury, going so far as to call public education of jury nullification “jury tampering” and criminally charging persons who discuss the doctrine. But jury nullification is legal and it is supported in at least two provisions in the U.S. Constitution (Fifth and Sixth Amendments). Even Supreme Court Justice Sonia Sotomayor has acknowledged the legality and democratic power of jury nullification.
Education of the in’s & out’s of the legal system remains critical in the quest to fully empower individuals and communities. When the democratic parts of the legal system are concealed from the public and derided as “anarchy” by the powers-that-be, that is our cue to pay attention.
In the News
Police, prosecutorial, and judicial accountability
For the second time in the span of two months, a detainee of the St. Louis City Justice Center has died while in City custody. While many details remain unknown at this time, fellow detainees found the man unresponsive in his cell and alerted Justice Center officers. [Riverfront Times/Ryan Krull]
After years of supporting “teeth” measures for the Civilian Oversight Board, the Ethical Society of Police has joined forces with the St. Louis Police Officers Association to sue the City to block implementation of Board Bill 47, which included subpoena power and independent investigators. The new law provides [St. Louis Public Radio/Rebecca Rivas for the Missouri Independent]
A Potosi police officer has been charged as part of a larger Missouri Highway Patrol sting operation into child sex trafficking. Officer Matthew Skaggs was arrested after an anonymous tip about his predatory and abusive behavior toward children. [KMOV/Matt Woods]
The Fatal State Violence Response Team, comprised of grieving St. Louis families who have lost loved ones to police violence, has been organized in partnership with ArchCity Defenders to meet with family members and loved ones at the scene of a police-involved shooting. Crisis responders are present to ask questions that family members oftentimes don’t think to ask, such as officers’ names and badge numbers and contact information for crime victim support services. [St. Louis Public Radio/Rebecca Rivas for the Missouri Independent]
Economic development & housing
The municipal government of University City is expected to take more privately-owned homes through the process of eminent domain - but not for needed public services like roads or utilities, but for the development of the new Costco location that has already destroyed homes and businesses. Millionaire developer Larry Chapman of Seneca, the construction firm, made threats at a recent University City council meeting, indicating that he has been fighting homeowners who want a fair value for the houses he seeks to destroy. [St. Louis Public Radio/Danny Wicentowski]
In 2020, Kansas City became the first major U.S. city to offer free bus fare, although data collected so far shows that ridership is still decreasing and low-income households remain vastly under-served through the program. An estimated 13% of low-income households are near a KCATA transit system, and currently less than 3% of all workers in Kansas City use the bus system to commute. [Kansas City Beacon/Mili Mansaray]
The National Development Council has opened an Entrepreneurship Center in the Urban League headquarters on North Kingshighway. The NDC Center plans to provide supportive services for minority business owners and aspiring entrepreneurs, such as training, counseling, mentoring, and accessing capital for start-ups. Capital lending is available for the development and preservation of affordable housing, adding jobs to existing businesses, and building capacity for bigger projects and governmental contracts. [St. Louis American/Staff]
Kansas City Kansas Community College is helping hundreds of its students manage the housing crisis by opening its new on-campus residence hall. Dormitories are more common in rural Missouri and Kansas community colleges, but on-campus housing is atypical for community colleges in urban settings. The student-focused project comes after nearly 100 students had to relocate from a nearby apartment complex due to mold contamination. [Missouri Independent/Barbara Shelly for the Kansas City Beacon]
A national poll has found that Black, indigenous, and Latino families face serious, inflation-related financial problems at a much greater proportion than white families. The affordable housing crisis, rising food and fuel costs, and unmet medical needs are all-too-common experiences for communities of color, exacerbated by the global pandemic and rising inflation. [St. Louis Public Radio/Will Stone for NPR]
Further reading
Researchers in Nebraska and Kansas are testing plant life and organic matter as a potential source for toxic soil remediation, specifically for lead removal. Lead contamination persists in the environment through industrial applications, lead pipes, and disintegrating paint chips and readily spreads through water and soil. One particular plant being studied for remediation is Chinese silver grass, an ornamental grass with deep roots that has been shown to remove significant quantities of lead. [Missouri Independent/Niara Savage]
A Kansas school board has rejected a strategic plan proposal for its upcoming school year because the plan called for diversity and a focus on students’ mental health. The vote by the Derby School Board in Wichita is the latest in the district’s fight against inclusion, including removing a novel about the Native American lived experience in March and punishing a white principal who spoke up about white privilege during a staff meeting. [KCUR/Suzanne Perez]
The Michael Brown Foundation held its inaugural Awards Gala to collectively recognize the members of the Ferguson Frontline, activists who assembled on August 9, 2014, in the wake of the unarmed teenager’s murder by police officer Darren Wilson. Honorees of the Ferguson Frontline included Congresswoman Cori Bush, former Ferguson Councilwoman Fran Griffin, Real STL News and its founder Aminah Ali, and more than a dozen activists. [St. Louis American/Dawn Suggs & Kenya Vaughn]
Beyond the Paywall
To read these below articles in full, please visit SLPL.org and access these articles through the Digital Content tab. St. Louis City & County residents can read these publications for free using their library cards.
“Misconduct charges dropped against ex-St. Louis County officer in diversion deal,” by Joel Currier, St. Louis Post-Dispatch
“Messenger: State legislator calls for hearings on Ferguson-Florissant school suspensions,” by Tony Messenger, St. Louis Post-Dispatch
“St. Louis County plan will poach police from St. Louis city, union says,” by Kelsey Landis, St. Louis Post-Dispatch
“‘We can do better’: New north St. Louis alderman looks to put her experience to work,” by Austin Huguelet, St. Louis Post-Dispatch
“Off-duty Metro East police officer shot three people after fight, charges say,” by Taylor Tiamoyo Harris, St. Louis Post-Dispatch
“City issues nuisance notice, condemnations for controversial downtown St. Louis lofts,” by Katie Kull, St. Louis Post-Dispatch
“Messenger: St. Louis County case is a big step in ending the money grabs in municipal court,” by Tony Messenger, St. Louis Post-Dispatch
“Inmates deemed incompetent for trial wait months in Missouri jails for services,” by Jesse Bogan, St. Louis Post-Dispatch
Legislative Update
St. Louis City Board of Aldermen
The St. Louis City Board of Aldermen currently is in recess. The Board will reconvene on September 16, 2022.
BB 26 and BB 29, sponsored by Ald. Green, would put before City voters the ballot issue of enacting a surcharge on developers who reduced the number of units for housing rehabs and redevelopment. The bills were assigned to the Neighborhood Development Committee on May 13.
BB 56, also sponsored by Ald. Clark Hubbard, would allocate emergency funding for rental and other housing assistance. The bill was perfected and passed by the entire board on July 13.
Learn more about how a bill becomes a City ordinance.
Quote of the Week
Think about what juries did during the civil rights movement. If it weren’t for jury nullification, we would have many civil rights individuals who would be convicted felons or otherwise for things that today we think are protected by the First Amendment.
There is a place, I think, for jury nullification. Finding the balance of that and the role that a judge should or should not play in advising juries about that is, I think, a different thing.
U.S. Supreme Court Justice Sonia Sotomayor, February 8, 2016