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Pettus Read

by Pete Edwards

The Bradley County Grand Jury convened on Wednesday May 19th to hear testimony on the June 27th 2003 shooting death by a Bradley County

Sheriff's Deputy of an unarmed man he had stopped for speeding on Highway 64. Brandon Antonio Miller was shot by Deputy David Harper after it was alleged that Miller had tried to flee the scene in his pickup truck and attempted to run over the officer. Three witnesses at the scene contradicted the officer's version of what happened in sworn depositions made at the request of John M. Wolfe, attorney representing the Miller family.

The grand jury cleared Harper of any wrongdoing without hearing key eyewitness testimony.

Controversy surrounding the case has increased since a previous grand jury also had cleared Harper of

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wrongdoing without hearing witness testimony and before a TBI investigation had been completed.

Attorney Wolfe said that the Bradley County Sheriff's Office and the District Attorney General's Office are withholding important documents that could shed light on what happened and the grand jury have closed the case without hearing key witness testimony.

In Tennessee a grand jury is impaneled (appointed) by the presiding judge, in Bradley county's case it is Judge Carroll L. Ross. Judge Ross also chooses the foreman of the grand jury who is Bruce Renner a local Realtor and property speculator. There are 12 jurors whose names are kept secret from the public, they are also sworn to secrecy and may not divulge the content of their deliberations. The jury has investigative power and may, through the District Attorney General, Jerry Estes subpoena witnesses. Although a juror may not be a court agent or law enforcement officer, because of the almost total secrecy under which they operate, it is impossible to ensure the process is conducted fairly and honestly.

In the Miller case there is no requirement for jurors to hear all witnesses although each juror is sworn under oath to "diligently inquire, and true presentment make, of all offenses given your charge, or otherwise brought to your knowledge." By not hearing key eye witness testimony a diligent inquiry may not have taken place. The grand jury is also sworn to show no favoritism or ill will to those that are the subject of their proceedings and to seek the truth to the best of their abilities.

A grand jury does not try the case on the merits, or determine guilt or innocence. Rather, the primary function is to hear evidence to decide whether the person accused shall be required to stand trial. Because of their secretive nature and unaccountability, grand juries invariably choose not to indict police officers in cases like the Miller shooting, so they do not have to be either fair or even seek the truth.

The person responsible for managing Bradley County's  Grand Jury is the foreman, Bruce Renner and the person selecting the foreman for his honesty and integrity is the Presiding Judge Carroll Ross. This process is the only guarantee under the grand jury system that justice will be served fairly and honestly.

Cynthia White, mother of Brandon Miller  said, "they don't want the witnesses talking for some reason, they just don't want the truth." "It's a big cover-up and I have no faith in the justice system."

Attorney Wolfe said in a press release that "In America, grand juries exist to find the truth. In Bradley County the search for the truth never occurred. No Eyewitnesses were summoned. Subpoena went unused."

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