For months, St. Louis County Prosecuting Attorney Robert P. McCulloch has promised to seek a court order immediately releasing nearly all evidence before the grand jury in the Michael Brown shooting case if officer Darren Wilson is not indicted.
And he has said that the judge overseeing the grand jury, St. Louis County Circuit Judge Carolyn Whittington, already has agreed to order such release if requested.
But, with the grand jury's decision expected this week, the county court's top administrator on Sunday said no such agreement exists. He said Whittington has not agreed that she will release evidence in the the grand jury review of the Aug. 9 shooting death of the unarmed teenager by the Ferguson police officer.
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McCulloch, who has been a target of critics in the handling of the case, has made clear in interviews that he is committed to taking the rare step of seeking a court order to release most of the testimony and physical evidence if there is no indictment. If Wilson is indicted, there would be a trial and evidence would be made public in the trial.
"There's no probably about it," McCulloch said to KTRS-AM host McGraw Milhaven on Sept. 24. "It will be released ... We've asked the judge to do that and the judge has agreed that she will do that. If there is no indictment, she will authorize the release of the testimony and the physical evidence that was presented to the grand jury.''
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