Grand jury refuses to indict McKinney
By BOB KEMPER
The Atlanta Journal-Constitution
Published on: 06/16/06
WASHINGTON ? A grand jury has declined to indict Rep. Cynthia McKinney of Georgia for allegedly striking a Capitol police officer in March, the federal prosecutor announced Friday.
The decision ends a case against the DeKalb County Democrat that has been rife with political and racial tensions.
"It is right, just and appropriate," McKinney's attorney, William Moffitt, said of the decision, which he learned about from reporters. "I'm ecstatic."
McKinney, arriving Friday night for the Boost Mobile Rock Corps concert at Atlanta's Fox Theatre, entered without responding to reporters's questions.
The decision comes more than two months after the Washington Superior Court grand jury was first given the case. U.S. Attorney Ken Wainstein called the investigation by his office and Capitol police "extensive and thorough."
"We respect the decision of the grand jury in this difficult matter," Wainstein said in a statement.
There was no immediate indication why the grand jury rejected the prosecutor's case. Wainstein said the Department of Justice does not normally comment on the status of investigations, "but has the discretion to do so when there is overwhelming public interest in a case."
Because the grand jury proceedings themselves are secret, "there will be no further comment regarding this investigation," he added.
When Capitol police turned the investigation over to the prosecutor in early April, officers said they believed they had built a case for charging McKinney with assaulting a police officer, a felony.
The decision comes just weeks after legal authorities familiar with the case said the prosecutor was trying to strike a deal with McKinney that would have resolved the case without a grand jury decision.
Andy Maybo, president of the Capitol Hill police union, said the decision was a blow to officers' morale.
"This is extremely disappointing to us, both the decision of the grand jury and the duration of time the investigation took," Maybo said.
"She hit a police officer," he said. "This is sending the message to the public that it's OK to hit a police officer, and it's not. It's not OK for anyone anywhere in this country."
The police union plans to hold a news conference Monday in Washington to discuss the decision in greater detail.
The police officer involved in the confrontation with McKinney, Paul McKenna, was not available for comment. Wainstein had called McKenna to his office to discuss the decision before making it public Friday, an official familiar with the case said.
In his statement, Wainstein said, "We ask the U.S. Capitol Police to protect our Capitol and to do so in a way that minimizes disruption and makes all feel welcome. This is a tremendously difficult job, and it is one that Officer McKenna and his colleagues perform with the utmost professionalism and dignity."
Former state Rep. Billy McKinney was at his daughter's re-election campaign headquarters in south DeKalb County when the news broke late Friday.
"Everybody was jumping around screaming and going on," he said. "The cloud has been lifted, and we don't have to worry about that anymore. All we have to worry about now is winning the election."
Cynthia McKinney faces two Democratic challengers ? DeKalb County Commissioner Hank Johnson and Alpharetta businessman John F. Coyne III ? in a July 18 primary.
Billy McKinney, who was a police officer for 21 years before retiring, said a grand jury indictment would have been a serious blow.
"One of our campaigners spoke to a man who said, 'I'm going to vote for her, but she ought not to have hit the police,' " he said.
The confrontation between McKinney and McKenna occurred March 29 as McKinney entered the Longworth House Office Building on her way to a House Budget Committee meeting.
McKinney started to go around a security checkpoint at the door, as members of Congress are allowed to do. But McKenna did not recognize McKinney as a member of Congress ? she was not wearing her congressional ID pin and had changed her hairstyle ? and tried repeatedly to stop her.
The congresswoman spun around and struck McKenna in the chest with her fist, a police report stated.
Shortly after the incident, when it appeared police were investigating the possibility of charging McKinney, the congresswoman called a news conference and declared that McKenna, who is white, had touched her inappropriately and tried to stop her only because she was a "female, black congresswoman."
Other African-Americans on Capitol Hill have said they were victims of racial profiling, being stopped and asked for identification while their white counterparts were waved through security. But the Congressional Black Caucus did not back McKinney's claim.
Black lawmakers and fellow Democrats instead told McKinney in a private meeting that she should apologize. Two days after the grand jury was given the case, McKinney appeared on the House floor.
"There should not have been any physical contact in this incident," she said. "I am sorry this misunderstanding happened at all, and I regret its escalation and I apologize."
Critics assert that the statement did not amount to an apology because it wasn't clear what exactly McKinney was sorry for ? hitting the officer or the public escalation of the incident.
Moffitt, McKinney's lawyer, noted that the March incident was only the most recent of a series of encounters between McKinney and Capitol police in which police failed to recognize her.
"Over the course of several incidents, an apology [to McKinney] would be appropriate," Moffitt said. But, he added, "Let's hope it's over now."
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How do you slam a cop in the chest and get away with it ?
I suspect that the lawyer that told her to claim racial profiling is what got her out of this. They would have had to show how many blacks were stopped as opposed to all races etc etc. It would have been a nightmare to prove in court.
Once again......... If it dont fit you must aquit comes into play.