CONTACT:

Edward Little, (216) 256-7020, email: edlittle9@gmail.com

Julia A. Shearson, (216) 830-2247, email: jshearson@cair.com
Rachelle Smith, (440) 623-5183, email: rachology216@gmail.com

FORIMMEDIATERELEASE:

Cleveland8RejectGrandJuryasSecretTrial,TamirRice

(CLEVELAND,OH,7/8/2015)TodayTheCleveland8,agroupofclergyandactivists,
releasedavideoandopenlettercriticizingtheabuseoftheGrandJuryprocessintheTamir
Ricecase.
TheopenlettercondemnsthedisregardbymunicipalandcountyprosecutorsofCleveland
MunicipalCourtJudgeRonaldAdrinesJune11rulingofProbableCauseinthedeathof
TamirRice.Thegroupstatesthatprosecutorsareexhibitinganegregiousdisregardforthe
criminaljusticeprocessbyfailingtotakeappropriateactionontheprobablecauseruling.

Weareworkingtoensureproceduraljusticeisnotderailedaswesawwiththeabuseof
thegrandjuryprocessinFergusonandStatenIsland,saidJuliaShearson,memberofthe
Cleveland8.Thisopenlettermakesclearthatwewillnotstandforatwotiersystemof
justicewherebythepolicearegivenspecialtreatmentdeniedtoordinarypeopleinthe
grandjurysystem.

ViewthevideoHERE,andtheletterinitsentiretyisattached.

***

The People Will Not Stand for Less than Equal Justice:
Open Letter from the Cleveland 8
(Video Version:http://youtu.be/tkOHovpURGU)

Reform of the criminal justice system cannot solely focus on transforming law enforcement. It
also must ensure that procedural justice the fair evaluation and administration of legal
procedures, the decision-making process, and quality of treatment is upheld to avoid both the
appearance and the existence of partiality.
On Tuesday, June 9, we, a group of activists and clergy here in the City of Cleveland, in
accordance with the Ohio Revised Code, filed citizen affidavits calling for the charging and
arrest of two officers in the death of 12-year-old Tamir Rice. In a letter dated June 18, we called
upon the Cleveland Law Department to uphold the law and Judge Ronald Adrine's findings of
probable cause by issuing warrants for the arrests of officers Frank Garmback and Timothy
Loehmann.
The City of Cleveland law director Barbara Langhenry and Cuyahoga County prosecutor
Timothy McGinty have said that they support reform, yet their inaction on this issue sends a
signal to the people that they are not upholding the very laws they want the people to respect.
Following the probable cause findings, the county prosecutor continues to state that he will bring
the matter before a grand jury and leave it to them to decide whether there is enough evidence
against these officers to bring indictments.
The actions by chief law enforcement officials in the City of Cleveland and Cuyahoga County
are clear examples of abuse of discretion and the unequal administration of law that breeds
distrust in our criminal justice system.
First, the decision to not issue warrants for the arrests exhibits an arbitrary and selective
application of the law. By ignoring the law, the state is acting contrary to the interests of the
people. While Judge Adrine's findings were not acted upon with regard to arrest warrants for
Garmback and Loehmann, his and other judges consideration is regularly sought and acted upon
against private citizens as we see with search warrants. This is unacceptable.
Second, the county prosecutors approach of using the grand jury as a forum to determine
whether charges will be filed in the Tamir Rice case is not only another example of disregard of
the judiciary, but also an unequal application of the grand jury process. We are not trying to
circumvent the grand jury process for Garmback and Loehmann. However, a step is being
bypassed. It is not the grand jurys role to file the initial charges. For the vast majority of people,
charges have already been filed against them prior to a prosecutor seeking an indictment before
the grand jury.
When the prosecutor uses the grand jury as a body to determine probable cause for charging and
indicting, it is problematic in two ways: (1) It gives police officers the opportunity to provide

exculpatory (exonerating) testimony without cross examination, as took place in the Michael
Brown case in Ferguson and the Eric Garner case in Staten Island. This approach suggests a

secret trial out of public view, which, while serving the interests of the officers, does not serve
the interests of justice. (2) The idea that rules of the grand jury can be altered at will depending
on who is suspected of committing a crime is itself unconstitutional and discriminatory against
every other individual subject to the grand jury but without the apparent entitlements that come
with wearing a badge.
Thirdly, the fact that the county prosecutor has stated he needs to conduct his own investigation
raises the question of what else is required to file charges and whether he deems police officers
as a special class exempt from being subject to normal criminal procedures. Here is the evidence
the county prosecutor already has in his possession: (1) a video of Tamir Rice being killed at
close range in less than 2 seconds and being left for more than 4 minutes without any first aid;
(2) a detailed report by the Cuyahoga County Sheriff's department resulting from a five-month
investigation; and (3) a finding of probable cause by a respected judge of the Cleveland
Municipal Court with more than 30 years on the bench. The county prosecutor may have his own
rationale for proceeding in this manner. However, regardless of his reasons, none would truly
seem fair or equitable considering that the ordinary resident or citizen is not granted such
deference.
If we as a community and a nation are going to truly transform our criminal justice system, the
public must see the system as legitimate and trust that elected and appointed officials will abide
by the law and apply it equally throughout the legal process. This goes not only for police
officers, but also for judges, law directors, and prosecutors. We the people should not, and must
not, stand for anything less.
Respectfully Submitted,
The Cleveland 8
Rev. Dr. Jawanza Colvin
Rev. Dr. R. A. Vernon
Bakari Kitwana
Edward Little
Dr. Rhonda Y. Williams
Julia A. Shearson
Rachelle Smith
Joseph Worthy
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