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At a Grand Jury, the DA says to the complaining witness that she has called her lawyer to say a target will not be appearing.

Amarillo, TX |

Is this proper, it was said in front of jurors? The lawyer she contacted was also a witness in this particular case and would be testifying the same day.

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Attorney answers 3

Best Answer
Posted

Grand Juries are very "secretive" but also have very lax rules as the normal evidential rules do not apply. To me your question seems to mean the DA told the complaining witness that one of the suspects or maybe the suspect of the Grand Jury is not appearing today or maybe just won't be present while she is testifying. If that's the case there's nothing wrong with giving a witness some details or maybe calming them down letting them know a suspect or the suspect isn't going to be there.

Asker

Posted

That is not my question the DA called a third party outside the grand jury room and told them a target of the grand jury would not be appearing .

Posted

You said, in your comment to another answerer "DA called a third party outside the grand jury room and told them a target of the grand jury would not be appearing ."

The 3rd party could have been:

1. Her boss
2. An attorney who needed to serve the target in person
3. The witness' attorney who needed to be there to help
4 Her husband to let him know she will not be home late -- because the lengthy testimony of the target would not be occurring...

5. Many more possibilities.

Curt Harrington Patent & Tax Law Attorney Certified Tax Specialist by the California Board of Legal Specialization PATENTAX.COM This communication is general information and not legal advice, and does not create an attorney-client relationship. This communication should not be relied upon as any type of legal advice. Please note that no attorney-client relationship exists between the sender and the recipient of this message in the absence of either (1) a signed fee contract and (2) remission of an agreed-upon retainer. Absent such an agreement and retainer, I am not engaged by you as an attorney, nor is any other member of my law firm.

Asker

Posted

The person she called was a witness but also the attorney of the complaint ant but she told him that the target of the investigation and another witness would not be appearing. Then she sent a letter advising of the next grand jury date. Then right before the date sent a letter saying it had been cancelled. There were three more sessions and I was not allowed to appear even though she told the grand jury I would be testifying. I was indicted because they never heard the truth both witnesses lied and there is a civil suit ongoing, all charges were dropped.

Posted

Were you on the Grand Jury? I am interested in your perspective so I can properly answer this.

Asker

Posted

No I was the target that got indicted there is an ongoing civil suit involving several parties. All the charges were dropped against me. The judge gave us the grand jury testimony is how I know the facts. The DA hid exculpatory evidence and allowed testimony he knew to be false to be presented to the grand jury. We will probably be seeking a court of inquiry.

Asker

Posted

This happened in Texas

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