Two Lawsuits Demand To See Ferguson Victim Michael Brown’s Juvenile Records

Protestors autograph a sketch of Michael Brown during a protest, Monday, Aug. 18, 2014, in Atlanta. Hundreds of demonstrators gathered in downtown Atlanta to protest the shooting death of Brown, an unarmed man who wa... Protestors autograph a sketch of Michael Brown during a protest, Monday, Aug. 18, 2014, in Atlanta. Hundreds of demonstrators gathered in downtown Atlanta to protest the shooting death of Brown, an unarmed man who was fatally shot by a police officer in Ferguson, Missouri. (AP Photo/David Goldman) MORE LESS
Start your day with TPM.
Sign up for the Morning Memo newsletter

CLAYTON, Mo. (AP) — Lawyers for two media organizations asked a judge Wednesday to release any possiblejuvenile records of the unarmed 18-year-old who was killed by a suburban St. Louis police officer last month.

A 45-minute hearing before a St. Louis County family court judge didn’t reveal whether Michael Brown has such arecord. However, a lawyer for the county juvenile office, which opposes the media requests, said only that Brown was never charged with a serious felony.

Juvenile records are confidential in Missouri, but under state law, being charged with certain violent crimes removes those juvenile privacy protections. Police have said Brown had no adult criminal record.

Joe Martineau, an attorney for the St. Louis Post-Dispatch, cited an overriding public right to know Brown’s history after his early August shooting death by Ferguson officer Darren Wilson sparked more than a week of sometimes-violent protests and drew international scrutiny.

“There is interest in knowing Michael Brown’s background,” Martineau said. “What we’re asking for here is just verification, one way or the other … We’re acting in a vacuum here.”

Cynthia Harcourt, the county juvenile office’s attorney, countered that “simple curiosity” doesn’t trump the state’s legal interest in protecting minors accused of crimes.

“The court of public opinion does not require the release of juvenile records,” she said.

Brown family attorney Anthony Gray attended the hearing and sat next to Harcourt but did not speak in court. Afterward, he called the requests by the St. Louis newspaper and a northern California online journalist “shameful.”

“The true motivation for the request of the records is character assassination,” he said.

Gray argued that even if Brown did have a brush with the juvenile court system — including for such low-level offenses as truancy — those details are irrelevant to the question of whether Wilson acted with excessive force.

“I don’t know what would be the relevance of that … after this young man was executed in broad daylight,” he said.

The civil lawsuit by Charles C. Johnson of Fresno, California, cites a 1984 Missouri Court of Appeals ruling that allowed the release of the juvenile records of an 18-year-old who was killed by a security guard while shoplifting at a supermarket in 1979.

That man’s mother challenged a trial court’s decision to release the records to defendants who were hoping to determine the 18-year-old’s lost earning capacity.

Johnson is editor-in-chief of the website GotNews.com. He also attended the hearing.

Judge Ellen Levy Siwack did not indicate how long she would take before releasing a ruling.

Also on Wednesday, a grand jury was scheduled to meet for the third time since Brown’s death to consider evidence in a possible criminal case. The police shooting is also being investigated by the U.S. Justice Department’s Civil Rights Division.

___

Follow Alan Scher Zagier on Twitter at http://twitter.com/azagier

Copyright 2014 The Associated Press. All rights reserved. This material may not be published, broadcast, rewritten or redistributed.

Latest News
10
Show Comments

Notable Replies

  1. Sounds like media looking for a story. Time to follow the law and just say no.

  2. Even if Michael Brown had a criminal record, exactly how does that have ANY relevance whatsoever to the case?

    Preposterous lawsuit; I cannot believe that the judge even considered this request.

  3. “There is interest in knowing Michael Brown’s background,” Martineau said. “What we’re asking for here is just verification, one way or the other … We’re acting in a vacuum here.”

    What they really mean is that they don’t have anything concrete as evidence that he “deserved” to get murdered, and they’re desperately trying to gin up a reason.

  4. Avatar for wwss wwss says:

    What??? Killing the kid wasn’t enough?

  5. Avatar for cpinva cpinva says:

    mr. brown’s juvenile records, if he had one, bear no relevance at all to the issue at hand. “just because we’re curious.” isn’t a sufficient reason to release them, if they actually exist.

Continue the discussion at forums.talkingpointsmemo.com

4 more replies

Participants

Avatar for system1 Avatar for wwss Avatar for bigbraxstone Avatar for korvu Avatar for cpinva Avatar for sweetdee Avatar for CreepingInertia Avatar for jinmichigan Avatar for AquaMadMan

Continue Discussion
Masthead Masthead
Founder & Editor-in-Chief:
Executive Editor:
Managing Editor:
Deputy Editor:
Editor at Large:
General Counsel:
Publisher:
Head of Product:
Director of Technology:
Associate Publisher:
Front End Developer:
Senior Designer: