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

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

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Filed under: Motion to dismiss
Attorney answers 4


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.


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


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


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.