A juror who sat on the November panel that decided not to charge a Ferguson, Mo., cop for killing an unarmed black teenager is suing to have a gag order removed, USA Today reported.
The lifetime gag order was placed on the grand jury panel hearing evidence in the shooting death of 18-year-old Michael Brown, a case that has fueled national outrage over a perceived epidemic of police brutality against unarmed black men.
In a federal lawsuit filed Monday, a grand juror identified as "Grand Juror Doe" seeks the freedom to speak publicly about what it was like serving on the panel in order to contribute to the ongoing dialogue of race in the U.S., the newspaper reported.
"The investigation of Wilson had a stronger focus on the victim (Brown) than in other cases presented to the grand jury," the lawsuit reads, referring to Officer Darren Wilson, who shot Brown following an altercation on Aug. 9.
St. Louis County Prosecutor Robert McCullough, who oversaw the grand jury and is the suit's defendant, was criticized by activists for presenting the evidence in a way that guaranteed Wilson would not be charged, according to USA Today. There were also calls for a special prosecutor to be appointed to the case, but Governor Jay Nixon did not replace McCullough, whose father was a cop that was killed on the job.
The lawsuit also appears to allude to possible discrepancies between the public's understanding of the panel's thoughts and what the jurors actually thought, such as the perception the entire panel thought there was no case against Wilson.
If the juror were to break the gag order, the person would face criminal charges brought by McCullough. But that rule should be broken in the interest of serving a higher societal purpose, according to the American Civil Liberties Union of Missouri, which filed the suit on behalf of Grand Juror Doe.
"The Supreme Court has said that grand jury secrecy must be weighed against the juror's First Amendment rights on a case-by-case basis," Tony Rothert, legal director of ACLU Missouri, said according to the newspaper.
"The rules of secrecy must yield because this is a highly unusual circumstance. The First Amendment prevents the state from imposing a lifetime gag order in cases where the prosecuting attorney has purported to be transparent."
McCullough has not yet commented on the suit. He has 21 days to file a court response.
