Why did the prosecution go the route of a GJ? I'm not at all familiar with GJs, but I know they are secret. Were they protecting witnesses? What other reasons do they do them, and wouldn't the defense always have complaints due to the secrecy?
A grand jury replaces the preliminary hearing.
Once you join WS, it doesn't take long to learn most of us live for the preliminary hearing for several reasons including the hearing is public, and we learn for the first time the state's evidence against the defendant.
In many states, the probable cause affidavit (PCA) is withheld from the public until the preliminary hearing. On the other hand, the defense is allowed to cross-examine the state's witnesses, and essentially get a preview of the prosecutor's case. Unlike a trial, the rules for a preliminary hearing are a bit more relaxed where the Court will allow information typically not admissible during a trial such as hearsay evidence.
At the conclusion of the preliminary hearing, the Judge will decide whether or not the prosecution met its burden to show probable cause and bound the defendant over for trial. In other words, whether the prosecution presented enough evidence to justify a belief that a crime occurred and the defendant committed it.
Unlike the preliminary hearing where the defense is present, a grand jury is a one-sided affair-- that can subpoena documents and witnesses. Grand jurors see and hear only what prosecutors put before them. In part because there's no "defense side" to contest the prosecutor's evidence, grand juries almost always return an indictment as requested by the prosecutor. There's long been a saying a
grand jury will indict a ham sandwich which I think is in reference to the reputation a grand jury is a "rubber stamp" for prosecutor's charges because grand jurors are not adept at evaluating evidence like judges are. Specific to Kohberger, I believe the defense is taking issue with how the grand jury was selected.
Prosecutors often prefer grand juries because the proceedings are secret, whereas preliminary hearings are open to the public. The rule on secrecy is meant to provide several benefits. For the accused, it protects their reputation should the case not be bound over for trial. For witnesses, it's meant to allow them to testify more freely and truthfully. And for the prosecution, it provides control of information.
A grand jury indictment is required for all federal felonies. In some states, all felony charges must go before a grand jury. But in others, the prosecutor might have a choice between presenting the case to a grand jury or going before a judge in a preliminary hearing.
In highly publicized or controversial charging decisions, prosecutors may opt for a grand jury to provide a political buffer. Given the gag order climate long enveloping this case, I'm not surprised the prosecutor opted for a grand jury. Personally, I think the grand jury is best suited for white-collar crime, and not quadruple homicide. JMO
What, Exactly, is a Grand Jury?
