Since my last post about cops in Albuquerque, which included an update about the indictment of two cops for the killing of James Boyd, people have been sending me stories about how the cops have targeted District Attorney Kari Brandenburg in retaliation. I’ve resisted discussion of this, both because it’s friggin’ Albuquerque (which isn’t as fascinating as, say, New York) and because Brandenburg is the DA.
What I mean by that is that anyone who wants to be the District Attorney takes on turf fraught with choices, many of which carry some public or private animosity. When Daniel Donovan, the District Attorney of Richmond County (that’s Staten Island to you New Mexicans) sabotaged his grand jury presentment in the Eric Garner killing, I challenged his ethics. Same with St. Louis DA Bob McCulloch in the Michael Brown killing.
The argument in both cases was that the public was calling for blood, and the District Attorneys felt compelled to put on a play, present the case to a grand jury, while believing there should be no indictment. Rather than sabotage the presentment, I argued that their ethical duty was to announce that they would not indict, because they did not believe an indictment was proper, and suffer the consequences.
Most people thought this ridiculous. How could the prosecutors not bend to the will of the public? What choice did they have? Continue reading →