BETH KARAS... on HLN with Mike Galanos (my transcription)
4/9/12 @12:15pm EDT
RE: Angela Coreys decision not to use grand jury YET
GALANOS: So, what do you make of this, Beth? We were kind of looking, I think, at April 10th as a deadline; either youre going to charge him or not or send it to a grand jury. Now one of the options is off the table, its not going to a grand jury, what does that mean for an arrest?
KARAS: You shouldnt consider April 10th as a deadline. The prior prosecutor state attorney Wolfinger had said that he was going to start presenting evidence on April 10th. Angela Corey obviously was not bound by that, because shes a new prosecutor, and everything started fresh with her & her investigation, and she had said all along she didnt necessarily think she would have to have a grand jury.
Now, it doesnt mean it will never be presented to a grand jury. Should Zimmerman be charged, what Angela Corey is saying is, I dont need the grand jury for that, I can make the decision.
What happens then, if there are felony charges filed, is there will be a subsequent proceeding, one of which will be the grand jury or a preliminary hearing. And preliminary hearings are, many states have them in lieu of a grand jury as a probable cause finding by a judge instead of by a grand jury.
But you have a right by the Constitution to have a review of an arrest on felony charges either by a judge at a preliminary hearing or a grand jury and thats the grand jury process. Both are probable cause findings, its a subsequent finding after the initial arrest. But again the arrest would be based on probable cause as well.
We see preliminary hearings all the time, in Calif we covered it for Conrad Murray, for example, but we also see grand juries.. Casey Anthony in Orange County was charged by a grand jury and then she was arrested. The grand jury voted to indict her then she was arrested, so you dont have to have an arrest before a grand jury.
But Angela Corey says she will make a decision, and there will no grand jury INITIALLY. So Im not surprised, that this announcement, that she issued a press release today, though, Mike because people are waiting for April 10th and she needed to say, look, nothing is going to happen tomorrow, Im not using it (the grand jury).
GALANOS: So what is going on, do you think with her & her team of homicide investigators, what evidence, forensic tests, what are they looking at, toxicology reports, all that.
KARAS: Right. Theyre looking at, yeah, clearly the autopsy report, which we havent been privy to, will tell a lot. It will tell presumably the distance of the shot, was it a contact shot, was it from some distance, where was the entrance wound, was there an exit wound, what was the trajectory of the bullet that will help perhaps tell the position of the bodies at the time or Trayvons body at the time he was shot.
And shes talking to all the witnesses, probably more witnesses than the Sanford Police had spoken to at the time they initially closed it out. She can take sworn statements from witnesses without putting them in front of a grand jury. And the toxicology, of course of Trayvon Martin that may or may not show something about his state of mind at the time.
So theres a lot to investigate, it shouldnt be rushed, there are no deadlines. And if hes charged, THEN a clock starts ticking in terms of a speedy trial or time to present it to a preliminary hearing or a grand jury. But until hes charged, theres no reason that they have to, except for public pressure or political pressure, rush the investigation.