Just thought I’d put this info here as I read something upthread about what actions the Defense can take after a GJ indictment in Colorado.
Snipped from link:
12. Can I challenge the grand jury indictment?
Yes. Firstly, the defendant’s attorney would make “discovery” of the grand jury proceedings by gathering all the relevant documents and evidence.
State law requires prosecutors to hand over the grand jury transcripts to the defense as soon as practicable within 30 days of the indictment. Any tangible evidence must be revealed no later than 30 days before trial.
For all other available evidence, the defense attorney must make specific requests. For instance, the defense can ask for colloquy transcripts. These document all the discussions that occurred in the grand jury room other than the testimony. The defense can also ask for any notes memos, or communications that the prosecutors have in connection to the grand jury.
Then depending on what the defense attorney finds, the defense can file a motion to dismiss based on such arguments as:
The prosecutors committed misconduct. This is when the prosecutors’ behavior either caused the defendant “actual prejudice” or compromised the proceedings’ integrity to the point where the court can “presume prejudice.” If the misconduct “substantially influenced the grand jury’s decision to indict”, there was prejudice.
An example could be the prosecutor denying a witness who has exculpatory evidence from testifying. Another example is that the prosecutors’ grand jury investigators wrongly questioned the witnesses or commented on the evidence. It can also be misconduct if the prosecutors violated the grand jury’s secrecy rules.
The indictment was facially deficient. For example, the paperwork did not include the suspect’s name, charge, applicable statute, date and location of the offense, or language that a jury could understand. However, facial invalidity challenges are rare because prosecutors are experienced in following the sample indictment form in CRS 16-5-201.
The indictment is not supported by probable cause. This is the most common challenge to indictments. It requires the trial court judge assigned to the criminal case (not the one who presided over the grand jury) to review the grand jury proceedings’ record in a light most favorable to the prosecution, even when there is a conflict in testimony.
The grand jury selection process was discriminatory. It is a violation of the Sixth Amendment if the grand jury was not selected from a fair cross-section of the population.
It is a violation of the Equal Protection Clause of the Fourteenth Amendment if grand jurors were excluded from serving due to sex, religion, color, race, occupation, national origin, or economic status.
A conflict of interest should disqualify the prosecutor.
If the judge agrees, the indictment could be dropped.
A Grand Jury in Colorado consists of 12 to 23 citizens summoned to investigate suspected criminal activity. If a majority find probable cause, they will indict.
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ETA-Added link
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