# Will the video of Brown in the convenience store be admitted as evidence in Wilson's prosecution? **URL:** \ **Category:** In My Humble Opinion\ **Created:** [August 18, 2014, 10:20pm UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856 "2014-08-18T22:20:33Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [August 18, 2014, 10:20pm UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/1 "2014-08-18T22:20:33Z")
This assumes that Darren Wilson is charged with a crime in the Michael Brown shooting and it goes to trial. It also assumes that it is Brown in the video. The family has claimed that it is prejudicial against Michael Brown. So do you think that the video will be allowed as evidence in Wilson’s ultimate trial? It’s already been determined that Wilson was not aware of a robbery at the convenience store prior to his stopping Brown and Dorian Johnson. Is it pertinent? What do you amateur legal analysts say? Poll to follow. ---
**Author:** ![Omar\_Little](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/omar_little/32/269_2.png) [@Omar\_Little](https://boards.straightdope.com/u/Omar_Little)\ **Post date:** [August 18, 2014, 10:24pm UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/2 "2014-08-18T22:24:41Z")
I say “yes”. Even though Wilson was not aware of the robbery and that Brown and Johnson were potential suspects, it goes to Brown’s state of mind when Johnson rolled up in his police cruiser. Brown could have assumed that Johnson was there to arrest him for the convenience store robbery, which could have influenced his actions during the stop. ---
**Author:** ![Oakminster](https://avatars.discourse-cdn.com/v4/letter/o/77aa72/32.png) [@Oakminster](https://boards.straightdope.com/u/Oakminster)\ **Post date:** [August 18, 2014, 11:20pm UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/3 "2014-08-18T23:20:21Z")
I’m calling a “no true bill” from the grand jury–meaning he won’t be indicted or charged at the state level. Reserving judgment on the feds at this point. As such, the video’s value as evidence is moot. ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [August 19, 2014, 12:32am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/4 "2014-08-19T00:32:47Z")
> [@Omar\_Little](#): > > I say “yes”. Even though Wilson was not aware of the robbery and that Brown and Johnson were potential suspects, it goes to Brown’s state of mind when Johnson rolled up in his police cruiser. Brown could have assumed that Johnson was there to arrest him for the convenience store robbery, which could have influenced his actions during the stop. Police Chief Thomas Jackson’s statement was a bit more nuanced than that. He didn’t say Wilson was totally unaware of the robbery, rather [he said that](http://www.huffingtonpost.com/2014/08/15/tom-jackson-michael-brown_n_5682762.html): > [@partial transcript of linked video](#): > > Female reporter: So, the officer involved in the shooting, was he aware of the robbery call. > Police Chief Thomas Jackson: I don’t know. I don’t know what came out in his interview. I know his initial contact was not related to the robbery. It was related to blocking the road. > Male reporter: You’re telling us, uh, you’re telling us that when the officer stopped Michael Brown the first time he was not aware that Brown was a suspect in a robbery. > Police Chief Thomas Jackson: No. He was just coming off of a sick case which is why the ambulance was there so quickly. > Second male reporter: … What are you saying, chief? Did he, did he know he was a suspect in a case or did he not know? > Police Chief Thomas Jackson: No. He didn’t. … The police chief stated the stop was unrelated to the robbery case and that the officer was not aware that Brown was a suspect in the robbery. However the chief does not know (or at least did not know at the time of the interview) if officer Wilson was aware of the robbery. If recordings of the radio dispatch related to the robbery indicate that officer Wilson reasonably may have known about the robbery then I think the surveillance video will be admitted. ---
**Author:** ![seal\_cleaner](https://avatars.discourse-cdn.com/v4/letter/s/e274bd/32.png) [@seal\_cleaner](https://boards.straightdope.com/u/seal_cleaner)\ **Post date:** [August 19, 2014, 12:33am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/5 "2014-08-19T00:33:16Z")
> [@Omar\_Little](#): > > I say “yes”. Even though Wilson was not aware of the robbery and that Brown and Johnson were potential suspects, it goes to Brown’s state of mind when Johnson rolled up in his police cruiser. Brown could have assumed that Johnson was there to arrest him for the convenience store robbery, which could have influenced his actions during the stop. I think that’s too great a leap, to infer a dead person’s state of mind with no independent corroboration. ---
**Author:** ![7e42](https://avatars.discourse-cdn.com/v4/letter/7/51bf81/32.png) [@7e42](https://boards.straightdope.com/u/7e42)\ **Post date:** [August 19, 2014, 12:33am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/6 "2014-08-19T00:33:39Z")
I saw on Facebook that the person robbing the store is a different guy ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [August 19, 2014, 12:37am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/7 "2014-08-19T00:37:33Z")
I think the video is relevant because of Brown’s state of mind. He’d just robbed a store a few minutes earlier. He’s assuming the cop wants to arrest him for that. When actually the cop just wanted him to quit blocking the road. That misunderstanding lead to Brown resisting arrest and the subsequent shooting. ---
**Author:** ![running\_coach](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/running_coach/32/15836_2.png) [@running\_coach](https://boards.straightdope.com/u/running_coach)\ **Post date:** [August 19, 2014, 12:43am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/8 "2014-08-19T00:43:30Z")
> [@7e42](#): > > I saw on Facebook that the person robbing the store is a different guy i wouldn’t trust Facebook(or rather the people on Facebook) if I was told water is wet. ---
**Author:** ![7e42](https://avatars.discourse-cdn.com/v4/letter/7/51bf81/32.png) [@7e42](https://boards.straightdope.com/u/7e42)\ **Post date:** [August 19, 2014, 12:56am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/9 "2014-08-19T00:56:10Z")
well I think it may have some truth to it since some think all blacks look alike ---
**Author:** ![Iggy](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/iggy/32/3364_2.png) [@Iggy](https://boards.straightdope.com/u/Iggy)\ **Post date:** [August 19, 2014, 12:56am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/10 "2014-08-19T00:56:45Z")
> [@7e42](#): > > I saw on Facebook that the person robbing the store is a different guy Items stolen in the robbery were recovered on Brown’s body according to the police chief. See end of video I cited in my prior post. ---
**Author:** ![7e42](https://avatars.discourse-cdn.com/v4/letter/7/51bf81/32.png) [@7e42](https://boards.straightdope.com/u/7e42)\ **Post date:** [August 19, 2014, 1:01am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/11 "2014-08-19T01:01:20Z")
> [@Iggy](#): > > Items stolen in the robbery were recovered on Brown’s body according to the police chief. See end of video I cited in my prior post. according to the police chief huh? lol ---
**Author:** ![aceplace57](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/aceplace57/32/3500_2.png) [@aceplace57](https://boards.straightdope.com/u/aceplace57)\ **Post date:** [August 19, 2014, 1:04am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/12 "2014-08-19T01:04:28Z")
He was also wearing the same yellow socks as the robber. Do people think there are two very big black men in yellow socks carrying a box of cigars in Ferguson at the same time? That guy was big. Didn’t they say 6’ 4"? He towered over that poor store clerk. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 19, 2014, 1:19am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/13 "2014-08-19T01:19:12Z")
If he’s tried, it’s admissible. Ultimately the only way to keep it out would be the trial judge ruling that the probative value is overcome by the prejudicial value, but if that test is applied correctly, it’s in. ---
**Author:** ![chargerrich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chargerrich/32/5399_2.png) [@chargerrich](https://boards.straightdope.com/u/chargerrich)\ **Post date:** [August 19, 2014, 1:32am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/14 "2014-08-19T01:32:13Z")
I am not so sure it has “It’s already been determined that Wilson was not aware of a robbery at the convenience store prior to his stopping Brown and Dorian Johnson” but that said… I say yes simply due to a recent report where a “friend” of the officer recounted the version of events from the officers perspective that stated he started to drive off and then stopped when a “report came in identifying Brown as a potential suspect in the convenience store robbery”. While we may want to automatically assume that is a lie or a cover, surely there would be either a recording or at the very least testimony or some trail of evidence to this fact if true. Given that - IMO - the officer would/should know just how easy this would be to ascertain, I have to believe he would not of said that if untrue. I will leave the “the whole department is covering for him” tinfoil theories to the same nut jobs that think our government took down the towers and we never landed on the moon. I for one think that is utter nonsense. The truth is going to come out one way or another but the video will be relevant in my opinion, but more so the defense. ---
**Author:** ![DingoelGringo](https://avatars.discourse-cdn.com/v4/letter/d/9d8465/32.png) [@DingoelGringo](https://boards.straightdope.com/u/DingoelGringo)\ **Post date:** [August 19, 2014, 1:33am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/15 "2014-08-19T01:33:44Z")
> [@Omar\_Little](#): > > This assumes that Darren Wilson is charged with a crime in the Michael Brown shooting and it goes to trial. It also assumes that it is Brown in the video. The family has claimed that it is prejudicial against Michael Brown. So do you think that the video will be allowed as evidence in Wilson’s ultimate trial? It’s already been determined that Wilson was not aware of a robbery at the convenience store prior to his stopping Brown and Dorian Johnson. Is it pertinent? > > What do you amateur legal analysts say? > > Poll to follow. Did you notice that between the store video and the one where he is lying in the street he had time to go home and change his shoes? ---
**Author:** ![DingoelGringo](https://avatars.discourse-cdn.com/v4/letter/d/9d8465/32.png) [@DingoelGringo](https://boards.straightdope.com/u/DingoelGringo)\ **Post date:** [August 19, 2014, 1:35am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/16 "2014-08-19T01:35:12Z")
> [@7e42](#): > > I saw on Facebook that the person robbing the store is a different guy Yep, he ha different shoes on. ---
**Author:** ![chargerrich](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chargerrich/32/5399_2.png) [@chargerrich](https://boards.straightdope.com/u/chargerrich)\ **Post date:** [August 19, 2014, 1:36am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/17 "2014-08-19T01:36:17Z")
> [@7e42](#): > > I saw on Facebook that the person robbing the store is a different guy Then it must be true :dubious: Brown’s attorney already stated that it looked like i may be Brown or something to that effect. ---
**Author:** ![Magiver](https://avatars.discourse-cdn.com/v4/letter/m/4491bb/32.png) [@Magiver](https://boards.straightdope.com/u/Magiver)\ **Post date:** [August 19, 2014, 2:14am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/18 "2014-08-19T02:14:52Z")
> [@7e42](#): > > I saw on Facebook that the person robbing the store is a different guy [His buddy](http://www.ksdk.com/story/news/local/2014/08/15/attorney-dorian-johnson-michael-brown-robbery/14118769/) already said he stole the cigars. In this case they were Swisher Sweets which are popular cigars used to make blunts. That information identifies him in the video. ---
**Author:** ![bobkitty](https://avatars.discourse-cdn.com/v4/letter/b/c67d28/32.png) [@bobkitty](https://boards.straightdope.com/u/bobkitty)\ **Post date:** [August 19, 2014, 11:37am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/19 "2014-08-19T11:37:27Z")
> [@7e42](#): > > well I think it may have some truth to it since some think all blacks look alike Wait, what?? ---
**Author:** ![BigT](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bigt/32/12044_2.png) [@BigT](https://boards.straightdope.com/u/BigT)\ **Post date:** [August 19, 2014, 11:43am UTC](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856/20 "2014-08-19T11:43:50Z")
> [@Bricker](#): > > If he’s tried, it’s admissible. Ultimately the only way to keep it out would be the trial judge ruling that the probative value is overcome by the prejudicial value, but if that test is applied correctly, it’s in. See, I was assuming the opposite, since I can’t see how the robbery had anything to do with the shooting (assuming the cop didn’t know about it), and would prejudice the jury into assuming he was acting criminally later. Can you elaborate on how the test would be applied to get the outcome you state? [Next page](https://boards.straightdope.com/t/will-the-video-of-brown-in-the-convenience-store-be-admitted-as-evidence-in-wilsons-prosecution/695856.md?page=2)