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High court hears request for grand jury in Farrow shooting Friday, Jan 25, 2008 By Rob Moritz Arkansas News Bureau LITTLE ROCK - A grand jury should investigate the shooting death of a black West Memphis boy by a white police officer, a circuit judge whose effort to initiate such a probe was blocked by the state Supreme Court told justices Thursday. A special prosecutor assigned to investigate the shooting of 12-year-old DeAuntae Farrow last summer argued before the high court that he is still reviewing the evidence and that allowing the grand jury would open the door to several judges investigating the same case. Nearly 100 supporters of the boy's family packed the Supreme Court chambers to watch the oral arguments. About 80 who could not get in marched from the Justice Building to the state Capitol, briefly stopping on the Capitol steps to chant "no justice, no peace" before moving inside quietly and asking to speak to Gov. Mike Beebe. Four representatives of the group later met with representatives of the governor. "Our folks pretty much told them that the governor has reached out to the family, of course, when the tragedy took place, but at the same time our staff has read in their entirety the reports from both the state and federal investigations and as the matter stands now it's all a matter for the courts, so there is nothing the governor can do," Beebe spokesman Matt DeCample after the meeting. DeAuntae was fatally shot on June 22 by Officer Erik Sammis during a police stakeout of the West Memphis apartment building where the boy was playing with friends. Sammis told investigators the boy had a toy pistol, though his family and some witnesses maintain DeAuntae had only a bag of chips and a drink. The case has stirred racial tensions in West Memphis, about 127 miles west of Little Rock and just across the Mississippi River from Memphis, Tenn. Sammis, cleared of any wrongdoing by the U.S. Justice Department, the Arkansas State Police and the West Memphis Police Internal Affairs Bureau, resigned from the department last month. Circuit Judge David Burnett of Osceola assigned special prosecutors H.G. Foster of Conway and John "Jack" McQuary of Benton to investigate the shooting. In November, Foster and McQuary announced at a news conference that their investigation would not result in charges against Sammis. After their comments, Circuit Judge Victor Hill of West Memphis, at the request of an attorney for the boy's mother, Debra Farrow, called for a grand jury to investigate the shooting. The special prosecutors petitioned the Supreme Court to block Hill from impaneling a grand jury. The high court issued a stay and set a hearing in the case. Burnett and both special prosecutors are white. Hill is black. Before the high court Thursday, Foster said he and McQuary had developed new information since the November news conference. He said the evidence is now in the hands of state police investigators. Foster also argued Hill could not call for a grand jury under state Supreme Court Administrative Order 14, which says any new hearing in a case must be held by the judge who was assigned the original case. Justice Tom Glaze asked Foster how long the investigation would last. Foster said he did not know, but that there was no hurry to beat any statute of limitations and that the case would remain open. Hill told the justices that he believed the special prosecutors had completed their investigation, based on their comments on the news conference, and that he did not want any more delays. "This can't go on forever," Hill said, noting that it has been seven months since DeAuntae's death. "It has to be handled as soon as possible because, as we've all heard, justice delayed is justice denied. "Mr. Foster announced his investigation was done. If there had been a grand jury impaneled, I wouldn't be here today." Justice Robert Brown asked Hill if there was "a credibility issue" over whether Foster's investigation was finished. "Yes," Hill replied. The judge also said the Supreme Court had the authority to override Administrative Order 14, adding that he had presided over a number of criminal hearings in Crittenden County since the order was approved. Justice Donald Corbin asked Hill how the judicial system could maintain order if any circuit judge could open his or her own investigation while the case was still being reviewed by another judge. "We've got to have an orderly process or we'll have chaos," Corbin said. "Has what has happened been reflecting poorly on the justice system?" Hill asked. "As I understand the law, any one of us can impanel a grand jury." "I agree you have all the authority under the constitution," but only after the original judge in the case releases jurisdiction and the special prosecutors, Corbin said. Hill said it was his desire that residents of Crittenden County, where West Memphis is located, hear all of the evidence and make the final decision on whether the police officer should be charged. After the arguments, Debra Farrow's attorney, Javier Bailey of Memphis, said he thought the arguments went well. Bailey also said he had released to the special prosecutors new evidence he developed, including witnesses who said DeAuntae was carrying a bag of chips and a can of soda when he was shot. Foster told reporters the "matter is in the hands of the court." Debra Farrow said her son would not be forgotten. "My memory of him will never be lost," she told reporters. "There is too much going on for anybody to forget about him." |
