Off the Record

Greta: Remember, the Ferguson grand jury's decision is about evidence, not who you want to win

'Off the Record,' 11/21/14: We must remember that whatever the ruling in Michael Brown's fatal shooting, grand jurors have seen all the evidence. We have not


By Greta Van Susteren

Let's now go "Off the Record" for a minute. I want to talk about Ferguson. Already, the city is on high alert, and they are all worried about potential, and maybe even probable, violence. But as you know, the grand jury is going to decide whether to indict Officer Darren Wilson or not for the shooting of Michael Brown. In the meantime, outside of the jury room and from coast to coast, many have done the unthinkable, they have made up the minds.

Now, that's bad. That is not examining the evidence. That's just picking sides, like sports. Justice is different. Evidence matters. For instance, gun powder residue tests done on the decedent's clothes can tell you whether the shots were fired at close range, which might suggest the officer was in reasonable fear of his life whereas no gun powder residue on the decedent's clothes means a shot from a distance, suggesting excessive force.

The grand jury has now seen those gun powder tests and more. The rest of us, we haven't. So, whatever the grand jury decides, indictment or not indictment, remember, the grand jury has seen all the evidence, you have not. I have not, and neither has anyone else. So, as we wait for the grand jury's decision, remind yourself, this is about evidence, not about who you want to win.

And that is my "Off the Record" comment tonight.