Another Grand Jury Trial
December 3, 2014
If McCulloch wanted to, he could present evidence in the case to a new grand jury and seek an indictment of Wilson. Although a constitutional protection known as “double jeopardy” says you can’t be tried for the same crime twice, the provision has not yet been triggered since Wilson was never even charged.
There is a provision of Missouri Law — MO Rev Stat § 56.110 — that empowers “the court having criminal jurisdiction” to “appoint some other attorney to prosecute” if the prosecuting attorney “be interested.” (The term “be interested” is an awkward legal way to refer to conflict-of-interest or bias. The statute dates from the turn of the 20th century.)
I don't have enough information to know that Darren Wilson should be convicted. It is possible that he should not even be indicted. The problem is that Bob McCulloch made no legitimate attempt at an indictment.