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Critics gather at county attorney’s office, call for independent prosecutor in Castile case

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  • Clarence Castile, center, uncle of Philando Castille, is joined by other protesters as they fill the lobby of the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, August 1, 2016. The group delivered a petition that has reportedly garnered more than 7,000 signatures from people who support the call for an independent special prosecutor to make the ultimate decision about whether to file charges in the death of Philando Castile, who was shot to death by a St. Anthony police officer during a traffic stop in Falcon Heights on July 6. (Pioneer Press: Scott Takushi)

    Clarence Castile, center, uncle of Philando Castille, is joined by other protesters as they fill the lobby of the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, August 1, 2016. The group delivered a petition that has reportedly garnered more than 7,000 signatures from people who support the call for an independent special prosecutor to make the ultimate decision about whether to file charges in the death of Philando Castile, who was shot to death by a St. Anthony police officer during a traffic stop in Falcon Heights on July 6. (Pioneer Press: Scott Takushi)

  • Craig Nunn was among the protesters who gathered outside the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, Aug. 1, 2016, to deliver a petition asking for an independent prosecutor to head up the Philando Castile case. The event was prompted by the announcement made last week by Choi that he had appointed Don Lewis, a Minneapolis attorney with connections to St. Paul's Rondo neighborhood, to serve as a special prosecutor on the case and aid him in consideration of charges against the officer. (Pioneer Press: Scott Takushi)

    Craig Nunn was among the protesters who gathered outside the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, Aug. 1, 2016, to deliver a petition asking for an independent prosecutor to head up the Philando Castile case. The event was prompted by the announcement made last week by Choi that he had appointed Don Lewis, a Minneapolis attorney with connections to St. Paul's Rondo neighborhood, to serve as a special prosecutor on the case and aid him in consideration of charges against the officer. (Pioneer Press: Scott Takushi)

  • Jason Sole of the Minneapolis NAACP speaks to a gathering outside the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, Aug. 1, 2016. The group presented a petition asking for an independent prosecutor to head up the Philando Castile case. (Pioneer Press: Scott Takushi)

    Jason Sole of the Minneapolis NAACP speaks to a gathering outside the office of Ramsey County Attorney John Choi in downtown St. Paul Monday, Aug. 1, 2016. The group presented a petition asking for an independent prosecutor to head up the Philando Castile case. (Pioneer Press: Scott Takushi)

  • Clarence Castile shows some of the petitions asking for an independent prosecutor to head up the Philando Castile case on Monday, August 1, 2016. (Pioneer Press: Scott Takushi)

    Clarence Castile shows some of the petitions asking for an independent prosecutor to head up the Philando Castile case on Monday, August 1, 2016. (Pioneer Press: Scott Takushi)

  • Protesters chant "Hands Up! Stop the killers and the cops!" outside the office of Ramsey County Attorney John Choi in downtown St. Paul on Monday, Aug. 1, 2016. (Pioneer Press: Scott Takushi)

    Protesters chant "Hands Up! Stop the killers and the cops!" outside the office of Ramsey County Attorney John Choi in downtown St. Paul on Monday, Aug. 1, 2016. (Pioneer Press: Scott Takushi)

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Chants and songs rang out from the Ramsey County attorney’s office in St. Paul on Monday as protesters continued to call for an independent special prosecutor to review the fatal shooting of Philando Castile by a police officer.

“No justice, no peace, prosecute the police” and “If Philando don’t get it, shut it down” were among the phrases repeated by the several dozen protesters who packed the lobby demanding a meeting with Ramsey County Attorney John Choi.

The group’s aim was to deliver a petition to Choi circulated among community members by Minnesota Neighborhoods Organizing for Change.

The petition demands that Choi turn over his investigation so that “an independent special prosecutor, unbiased and separate from any law enforcement agency, can handle the case,” the petition reads.

Some 7,000 people have reportedly signed it.

Representatives from Neighborhoods Organizing for Change, the Minneapolis National Association for the Advancement of Colored People and the American Civil Liberties Union of Minnesota spoke at a news conference before protesters crowded the office.

“The (police) work very closely with Ramsey County prosecutors so (Choi) has an inherent conflict of interest by keeping this case within the Ramsey County attorney’s office,” Nekima Levy-Pounds said at the news conference.

Levy-Pounds, president of the Minneapolis NAACP and a civil rights attorney, added: “We do not believe (he) can be fair and impartial in light of (that) relationship.”

The St. Paul Human Rights and Equal Economic Opportunity Commission also called for the appointment of a special prosecutor to make charging decisions in the case in a resolution recently passed by the body.

And the National Lawyers Guild of Minnesota, an organization “dedicated to the need for basic change in the structure of our political and economic system,” issued a statement Monday condemning the decision to incorporate private counsel in the investigation instead of naming an independent prosecutor.

Monday’s event was prompted by Choi appointing Don Lewis, a Minneapolis attorney with connections to St. Paul’s historic Rondo neighborhood, to serve as a special prosecutor on the case and aid him in consideration of charges against the officer.

Don Lewis will be special prosecutor on the Philando Castile case. (Image from livestream)
Don Lewis will be special prosecutor on the Philando Castile case. (Image from livestream)

Formerly the dean of the Hamline University Law School as well as a federal prosecutor, Lewis now works with the law firm Nilan Johnson Lewis.

Choi said Lewis would bring “fresh eyes and independent perspective” as his office decides whether St. Anthony police officer Jeronimo Yanez will face prosecution.

Yanez fatally shot Philando Castile, 32, on July 6 during a traffic stop in Falcon Heights. Castile’s girlfriend live-streamed the immediate aftermath on Facebook.

The shooting, atop a number of other police killings of black men nationally, triggered near-daily demonstrations from protesters demanding charges against the officers involved.

Immediately following Choi’s announcement, Levy-Pounds suggested that Lewis’ appointment was a “mere smokescreen.” Choi has said that excusing himself from the decision would be “abdicating his responsibility” as county attorney.

Concerns over Lewis’ involvement in Castile’s case were raised again Monday by the slate of speakers who addressed protesters at the news conference, including Clarence Castile, Philando Castile’s uncle.

“I don’t know too much about his career or his achievements,” Clarence Castile said of Lewis, “but me and my sister discussed this a long time ago and our first thoughts were to have a special prosecutor that is (unbiased) and is from out of state and has no connections to Ramsey County or the state of Minnesota.”

Philando Castile (Courtesy photo)
Philando Castile (Courtesy photo)

Other speakers demanded widespread changes to the state’s criminal justice system and repeatedly called out the fact that none of the police officers involved in the 148 fatal incidents that have taken place in Minnesota since 2000 have faced charges.

Clarence Castile led the crowd into Choi’s office to deliver the petition around 1 p.m. When a representative from the county attorney’s office came out and told them Choi would not be coming down because it could hinder his investigation, the group started chanting and eventually staged a sit-in in the small, hot lobby.

“We want John Choi,” members the group shouted, with several calling his refusal to come down “disrespectful” and “unacceptable.”

Clarence Castile said it seemed “cowardly.”

Protesters stayed camped out for about 45 minutes.

Eventually, the head of the criminal division, Richard Dusterhoft, appeared and took the petitions saying he would be “sure to get (them)” to Choi.

Still frustrated Choi didn’t could come down personally, Levy-Pounds reiterated concerns that the system is already showing signs of “railroading (Castile’s) case.”

Protesters eventually left the office chanting “we will be back.”

Later Monday, Choi’s office released a statement noting that meeting with the group may hinder his ability to make objective decisions in the case.

“As he has previously stated, Mr. Choi has a significant role in the legal process, and thus does not want to do anything that might jeopardize the integrity of his decisions in the Castile case,” the statement read. “… Therefore, meeting with any public group that is ultimately demanding a prosecution or no prosecution at all when the investigation is not complete would not serve the investigative process well.”

Choi has not yet decided if he will make the decision about whether to file charges against Yanez, or if he will ask a grand jury to decide. In the past, he has always used a grand jury in officer-involved shootings.

In a letter released to protesters, Choi outlined what will be weighed in the charging decision.

“Minnesota law requires the state to be able to prove beyond a reasonable doubt that the use of force was not justified,” Choi wrote. “If the grand jury determines charges are warranted in this case or this office makes that decision, I assure you that we will prosecute this case to the fullest extent of the law.”

Meanwhile, protests continued elsewhere Monday as between 15 and 20 people occupied an area outside Falcon Heights City Hall. They arrived last week, sleeping under tarps or in tents, though the group swelled to 70 during a potluck Sunday night, protester Rachel Nichols said.

“The potluck was a really beautiful moment,” she said.  “There were some neighbors, not a whole lot, but we were glad they came. We had a grill, tables, there were kids playing badminton. It was wonderful.”

But there has been tension and disorganization as well, since the Governor’s Residence protest broke up, she said.

Most of the protesters at Falcon Heights City Hall refused to speak with the press. A few, however, were willing to express their desire to keep protests peaceful and focused.

Mara H. Gottfried contributed to this report.


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