Grand Jury in Ferguson Case Hears Testimony of Forensic Pathologist

CLAYTON, Mo. - The forensic pathologist hired by the family of Michael Brown testified before a St. Louis County grand jury on Thursday, an indication that the proceedings might be nearing their final stages, the family's lawyers said.

The lawyers said they believed that grand jurors had asked to hear from the pathologist, Dr. Michael M. Baden, during a process that the family and its supporters have criticized as lacking the transparency needed to engender confidence in the system.

Mr. Brown, 18, who was black, was shot and killed three months ago by Darren Wilson, a white police officer, in nearby Ferguson. Mr. Brown was unarmed, and some witnesses said he had his arms up in surrender at the time. The shooting incited days of sometimes violent protest. The grand jury is expected to decide soon whether to indict Mr. Wilson.

The Brown family lawyers, Benjamin Crump and Anthony D. Gray, would not go into the details of Dr. Baden's testimony. But they did disclose that the pathologist had reclassified a wound to Mr. Brown's chest as an entry wound. The significance of that change was unclear, and the lawyers declined to elaborate.

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Speaking to reporters in front of the county justice center here, Mr. Gray said that regardless of whether the grand jury decides to indict Mr. Wilson, the Brown family wanted to reiterate Gov. Jay Nixon's 'denouncement of violence, looting and rioting in the name of Michael Brown.'

'We want to encourage all of those that support the justice for Mike Brown to remain vigilant, yet peaceful, calm and dignified as we await and after we receive the announcement of the grand jury decision,' Mr. Gray added.

But the lawyers went farther than the governor, also admonishing law enforcement officers to allow protesters to exercise their rights.

'History is clear,' Mr. Gray said. 'Prior to many uncivilized reactions by demonstrators, they were simply exercising their First Amendment right, during which time they became victims of assault rifles being pointed in their face, being manhandled, being tear gassed, hit by rubber bullets, falsely arrested. Law enforcement should have been equally condemned by the governor for this conduct at the same time he was admonishing the demonstrators.'

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In a news conference this week, Governor Nixon said he would mobilize all the law enforcement officers necessary to keep the peace, including the National Guard.

It remains unclear when the grand jury will reach its decision. The jurors have been hearing evidence for months. Robert P. McCulloch, the St. Louis County prosecutor, has said he expected a decision by mid- to late November. Meanwhile, many people in the St. Louis area have been on edge, fearing that the grand jury decision could reignite violence.

Mr. McCulloch has said that prosecutors were presenting all of the evidence to the grand jury. When Dr. Baden released his initial autopsy in August, he said that Mr. Brown had been shot at least six times, with none of the shots appearing to be from very close range. News reports of the autopsy performed by the St. Louis County medical examiner said that Mr. Brown had a wound on his thumb that could have come during an encounter with Officer Wilson at his car.

Regardless of what evidence is placed before the grand jury, Mr. Gray said, the fact that it was being done behind closed doors was problematic.

'What we're missing would be how that information was presented,' he said. 'What emphasis was placed on what piece of evidence.'