Lies at the grand jury
i have been indictated. after reading police and witness reports, i find blatant inconsistancies. is it possible for another grand jury, or do i have to live with the indictment?
I feel that if the truth be told,.. meaning no lies, i wouldn't have been indicted in the first place..
3 attorney answers
Sorry about the indictment. It is never a good thing when an indictment is handed down, especially when a grand jury only hears a few selected facts from the prosecution. Unfortunately, inconsistencies in police reports and witness statements aren't going to be enough to invalidate the indictment handed down by the grand jury. These inconsistencies become a bigger issue at trial when the differences in testimony and facts become an important factor as the jury uses these inconsistencies to judge the credibility of the witness.
The truth will set you free and hopefully allow you to be found not guilty at trial but I am afraid it isn't going to reverse the indictment. I would recommend getting an attorney if you haven't already. Your attorney may not get the indictment invalidated based on the facts you have stated but given the whole case to look at, your attorney may find a different angle to challenge your indictment.
I hope that this was a help.
Parker Evan Bornmann
Although perjured testimony may be a ground to dismiss an indictment, inconsistencies (however blatant) in witness statements and police reports are unlikely to rise to this level. However, such inconsistencies may significantly impact the jury's evaluation of these witnesses' credibility at trial.
Joshua Sabert Lowther, Esq.
NATIONAL FEDERAL DEFENSE GROUP
That does not give you grounds to invalidate the indictment. If the case goes to trial and the witnesses testify, the contradictions between their trial testimony, their grand jury testimony, and their statements to investigators can be explored to raise doubt about their credibility. Minor inconsistancies seldom impress a jury and the jump from inconsistancies to assuming that the witnesses are lying is a big one that the jury may be unwilling to take with you. On the other hand, serious inconsistancies on important subjects can be powerful tools in casting the credibility of a witness into question. A road filled with uncertainty, I'm afraid, but that is the road before you. I assume you have retained an attorney.