Blogger Owen at Boots and Sabres -- BS for short (and for real) -- erroneously slams retired Milwaukee County District Attorney E. Michael McCann because a state court jury acquitted Milwaukee police officers accused in the beating of Frank Jude.
According to BS: "Apparently McCann feels no shame for botching his prosecution of these thugs."
E. Michael McCann didn't get to serve 38 years as district attorney by being an idiot.
In addition to being one of the most respected prosecutors in the nation, McCann is a former chair of the American Bar Association's Criminal Justice Section and was awarded the ABA's Minister of Justice award based on his track record of engaging in courageous and ethical prosecutions to defend the rights of others. McCann is the guy who successfully prosecuted serial killer Jeffrey Dahmer.
The Dahmer case may have been McCann’s most famous. But another had the greatest impact on the largest number of people: he secured homicide convictions against Chem-Bio Corporation for recklessly failing to detect cancers which caused the death of two women. This was a landmark prosecution. McCann isn't some incompent backwoods lawyer who doesn't know his way around a courtroom.
Any trial lawyer with even a small amount of experience will tell you that juries are inherently unpredictable and will frequently acquit in seemingly "slam dunk" cases and sometimes convict when everyone in the courtroom thinks the prosecution doesn't have a prayer. Need proof? Look no further than a Kenosha jury's refusal to find a man guilty of attempted murder even when he's caught on video firing several shots at a Kenosha police officer making a traffic stop http://ragdujour.blogspot.com/2007/07/this-jury-sure-wasnt-right-but-it-sure.html.
The federal and state prosecutions are based on vastly different theories of prosecution. Even with an arguably easier case to prove, the federal jury still deliberated several days and convicted three of the four officers charged. Several officers reached plea agreements (ostensibly because the federal charges should be more difficult to beat at trial).
Mike McCann may not be infallible but he's regarded throughout the nation as a model prosecutor. He doesn't deserve this unwarranted slam. In the vernacular, it's pure BS.