Grand jury evidence may not be released after all

ST. LOUIS — The wait continues for the St. Louis County grand jury decision in the Michael Brown shooting case, but on Sunday KSDK-TV learned that the evidence the panel is hearing may not be released after all.

If white Ferguson police officer Darren Wilson is indicted in the shooting death of Brown, evidence presented to the grand jury would not be released because it would be used during the trial.

In an interview a few weeks ago, St. Louis County Prosecuting Attorney Robert McCulloch said the judge agreed that the records would be made public if there is no indictment.

"If there is not an indictment returned in any case, then the case is closed and the records are closed. Unless the judge orders that they be opened. So in this case, we have asked the judge if there is no indictment returned, and no charge on anything, we have asked the judge, and she has agreed, that the records will be made public," McCulloch said.

But Sunday, St. Louis County Director of Judicial Administration Paul Fox released a statement saying that St. Louis County Circuit Judge Carolyn Whittington has entered no such order or made no such agreement.

Fox says the judge must analyze the records before she can approve that they can be released. This cannot be done until the grand jury has finished hearing the evidence, he said in his statement.

KSDK-TV reached out to McCulloch's office for clarification, but had not heard back as of Sunday evening.