General Discussion
In reply to the discussion: My nephew is a 29 year cop said this about Ferguson. [View all]branford
(4,462 posts)it would be removal from the case, and the governor could appoint a special prosecutor.
As to the conflict, if you're referring to the fact that McCulloch's father was a police officer killed by a black man, that would not normally be considered a conflict of interest mandating his removal from the case. An actual conflict would be more akin to a prosecutor being a close familial relation to either the alleged victim or suspect.
A prosecutor also faces no conflict because he routinely works with police. A true conflict generally requires far more than such an attenuated relationship.
I've additionally seen some claim that McCulloch's choice not to pursue charges against other officers in the past may also constitute a conflict. This, too, would be incorrect. A consistent, if troubling, exercise in prosecutorial discretion, without proof of criminality such as bribery or blackmail, is perfectly lawful and ethical, and most certainly not a conflict of interest.
The remedy for McCulloch's choices is the purview of the voting electorate, not the criminal courts or any disciplinary committee.