Can grand jury indictment get canceled if 1 of the members knew defendant before serving

Asked 8 months ago - Schenectady, NY

a grand jury member knew the defendant well before serving on panel and made statements afterward about getting defendant and not to tell anyone that he was on jry

Attorney answers (4)

  1. John M. Cromwell

    Pro

    Contributor Level 16

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    Answered . It may be a basis to move to dismiss the indictment, especially if the prosecutor failed to take any steps to inquire if any grand jurors knew the defendant.

  2. Stephen Charles Cooper

    Contributor Level 18

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    Lawyer agrees

    Answered . It could be a basis for a motion to dismiss the indictment based in a failure to protect the integrity of the proceeding.

  3. Amanda K. Ambrose

    Pro

    Contributor Level 12

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    Lawyer agrees

    Answered . Discus this with the defendant's attorney because it could be grounds to dismiss the indictment.

  4. Benjamin Ostrer

    Pro

    Contributor Level 4

    Answered . The identity of grand jurors are not generally shared with defendants. An application would need to be made to confirm that the grand juror was biased and voted to indict or participated in deliberations or "getting the defendant" as you have described it. It would be difficult to confirm as other members of the grand jury shouldn't be sharing information about the grand jury functions. If there is a grand juror speaking about the deliberations etc. it could undermine the integrity of any vote taken and may expose that grand juror to criminal liability. You should bring this to the attention of the defendant's attorney.

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