Dear Sponsor of Tamir Rice Justice Committee,
Your help is urgently needed to assure that the Grand Jury considering evidence in the Tamir Rice case has the opportunity to consider all relevant opinions on whether charges should be filed. As you know, Prosecutor Timothy McGinty hired two experts who concluded the police acted reasonably and justifiably in shooting Tamir and said these opinions would be presented to the Grand Jury. Attorneys for the Rice family have protested that both experts had pro-police biases and neither interviewed the police so they could only speculate about the mindset of the police at the time.
Professor Witmer-Rich, Judge Adrine
But there are other expert opinions that insist the police should be charged and made to defend their actions in court. This includes the opinion of Cleveland Municipal Judge Ronald Adrine in June that probable cause exists to charge the police with murder, manslaughter, reckless and negligent homicide and dereliction of duty.
It also includes the opinion of Cleveland Marshall Law Professor Jonathan Witmer-Rich (Cleveland Plain Dealer) that a trial is necessary in this case. Professor Witmer-Rich, an expert on police law, dismisses the opinions of the experts hired by McGinty on the grounds that the opinions of such experts on whether police acted reasonably and “in fear for their lives” carry no more weight than the opinions of ordinary citizens seated on a jury and the issue must go therefore go to trial. On Thursday, Nov. 5, one of us (R.N) asked McGinty at a public meeting if he would be providing the Grand Jury with Judge Adrine’s opinion. McGinty was angered by the question and said “Judge Adrine has not given me anything” and the Grand Jurors “read the newspapers” and that the question implied he was hiding evidence from the Grand Jury.”
It seems clear from his reaction that McGinty intends to limit the opinions presented to the Grand Jury to those of his hired experts (which were also published in the media). We believe that McGinty must be required to say publicly whether he will include the opinions of Judge Adrine and Professor Witmer-Rich in the evidence he presents to the Grand Jury and be required to do so.
Time is short. Please contact McGinty’s office (216-0443-7800, fax 216-698-2270) and ask that he publicly state whether the opinions of Judge Adrine and Professor Jonathan Witmer-Rich will formally be made part of the Grand Jury deliberations in the Tamir Rice case.
LaTonya Goldsby, Coordinator
Dick Peery
Rick Nagin
L. Carmen Lane
Co-Convenors, Tamir Rice Justice Committee