August 19, 2005
In Jerrod Miller case, system failed the public
There was no good way that the Jerrod Miller story could have ended. But his story ended the worst way -- inconclusively.
Much of the blame for that must go to Palm Beach County State Attorney Barry Krischer. Stressing the need for openness, he asked for a public inquest into the Feb. 26 shooting death of the 16-year-old by Delray Beach police officer Darren Cogoni. After the inquest, at which officer Cogoni did not testify, County Judge Debra Moses Stephens found probable cause for a charge of manslaughter. Then Mr. Krischer's office criticized some of Judge Stephens' actions and took the case to a grand jury, which works in secret and did hear testimony from officer Cogoni. On Wednesday, the grand jury declined to indict officer Cogoni.
So Jerrod Miller's family and the rest of the public heard witness after witness at the inquest failing to confirm officer Cogoni's story that he fired because he thought the teen's car was heading toward students gathered for a Saturday night dance at the Delray Full Service Center. Jerrod Miller's family and the rest of the public did not hear directly from officer Cogoni. Only his videotaped statement was played at the inquest. Even given the reluctance of grand juries to indict police officers, the family's frustration is understandable.
Certain aspects of this case made a clear ending especially important. Though there is no evidence that the shooting was racially motivated, race has been a factor because the victim was African-American and the officer is white. The historic tension between minorities and mostly white police departments raised issues in Delray Beach that the city will continue to sort out. Another factor was that Mr. Krischer and officer Cogoni's attorney, Scott Richardson, once defended police officers together. Mr. Richardson also represented Mr. Krischer in a 1986 case when Mr. Krischer was in private practice.
Thursday's release of the voluminous Florida Department of Law Enforcement investigation may offer the public more details. Still more information may come from a civil lawsuit Jerrod Miller's family has filed against the city. If there is a settlement, however, the public may learn little that is new. There also is no guarantee that Darren Cogoni would take the stand.
After the grand jury's decision, Delray Beach correctly fired officer Cogoni. As this newspaper has noted, an indictment or criminal charge is not the only grounds for determining that someone is unfit to be a police officer. Mr. Krischer has pointed out that he teaches aspiring officers not to fire at moving vehicles. It is true that if an uncle had not given car keys to an unlicensed driver and that if he had not driven off, Jerrod Miller would be alive. It also seems true that officer Cogoni at best acted recklessly. Losing one's job is not losing one's life.
Ideally, the system would have resolved this emotional case, even if the result didn't please everyone. Unfortunately, the outcome came closer to confirming suspicions than to dispelling them.
Posted by Opinion staff at August 19, 2005 8:42 AMTwo Post editorials in one day telling us that Barry Krischer is doing a lousy job. Seem odd to anyone else?
I think we can look forward to tomorrow's editorial telling us that Krischer is doing a valiant job trying to slay the evil Rush Limbaugh, but thwarted again this week by his high priced lawyer who is standing in the way of justice.
The editorial probably won't say much about our privacy rights, but the editors will point out that they have no agenda. Why, just look, they picked on Krischer today, didn't they?
Posted by: Kathy at August 19, 2005 7:43 AMIt is about time that the Post step forward and make the public aware of how the SA's office picks and chooses cases to prosecute. Especially since the Grand Jury is advised by one of Mr. Krisher's own Assitant District Attorney's. The decision is made by his office prior to going to the Grand Jury whether or not a case will be prosecuted. The Grand Jury relies on guidance by the ADA. So what Krisher wants to prosecute gets prosecuted and what he doesn't want to pursue is tossed. It seems to me that the Governor ought to investigate. How much taxpayer money has been spent in trying to prosecute Rush Limbaugh? Why? Did Mr. Limbaugh hurt anyone but himself? There are murder cases in PBC that the SA's office refuses to prosecute. I know because my daughter is one of those cases and the PBSO detectives are very frustrated with the lack of cooperation that they get from the SA's office in trying to get indictments. In fact, one of the detectives told me he doesn't live in PBC for this reason. The public needs to know that Mr. Krisher is interested in one thing, and one thing only, making a name for himself. Wake up PBC and demand an investigation into Mr. Krisher's office. Demand to see the records reflecting the accountability of the number of cases that are successfully prosecuted. If you recall, Mike Edmondson said in an interview with your paper that they didn't keep track of that information any longer probably because it made someone upset when they looked at the numbers. What does that tell you?
Posted by: Janine at August 19, 2005 11:06 AMWhy hasn't the person that let young Miller take the car been arrested?
Posted by: Steve at August 19, 2005 4:26 PMEditorials such as this one are about as helpful in closing the racial divide as Addie Green's disgusting, irresponsible comments.
Like other editorials, this one fails to remind the readers that the judge conducting the inital inquest was not the first choice. The NAACP made sure this judge would be black, because that's the only way they think justice will ever be done - another step in healing the racial divide. Like other editorials, this one fails to mention that the judge did some very un-judge like things in reaching her recommendation, such as allowing hearsay testimony that would never stand the simplest legal test in a trial. Why did she do that?
There is not one shred of evidence that what occurred that tragic night had anything to do with racism or racial motives, yet the very next morning the NAACP and others appeared in Delray, fanning the racial fires.
"The system" (round up the usual suspects) didn't fail anyone here. If anyone failed Jerrod Miller, it was his family. He had no father to teach him respect for the police, and to obey police orders. He had an uncle who gave him car keys, at night no less, knowing full well he was not licensed to drive. The tragedy occurred because this irresponsible family allowed him to encounter a very inexperienced police officer, and his ignorance of how to handle that encounter cost him his life, not because of racism, not because of a "system failure". The mistake in judgement has correctly cost that officer his job in law enforcement, and one can be quite sure he will never again be a police officer.
If there is any lasting message for any person, particularly young people, that should be said over and over and over, by responsible adults of all races, that message is "when stopped by the police, don't resist and don't run. Unfortunately, Addie Green just doesn't get it.
Posted by: Max Bouknecht at August 20, 2005 5:35 PMWho was responsible. Why was he driving a car without a license. Who's car was it and how did he get it. Why was he driving at all expecially dangerously. If your son or daughter was killed by this child who needed discilpline, who would you blame. I BLAME THE DRIVER OF THE VEHICLE. AND THE PERSON WHO OWNED THE VEHICLE.
Posted by: Richard at August 21, 2005 2:16 PM
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