Yea, Georgia does things differently. In case of DW, during preliminary hearing judge found probable cause to bind DW over for trial. He isn't going in front of grand jury. He will go in front of a regular jury during his trial.
Hi all. This thread has been an interesting read. Though I have been hesitant to register for various reasons I thought some background on DC criminal procedure might be helpful.
Just as background, in D.C. every defendant charged with a felony has an initial hearing within 48 hours of their arrest called a Presentment before a judicial officer at which time the preliminary charge is read and an immediate temporary detention decision is made. He is then entitled to a preliminary hearing within so many days (actually 20 for felonies) but in most murder cases the atty asks for a later date so they can be as prepared as possible. Obviously defense investigation needs to start asap. The atty would also be filing discovery demand letters on the govt. & serving subpoenas even thought the govt doesn't turn over discovery until the def is arraigned (i.e., charged formally with the indictment). At the PH the defense gets what's called Jencks material - some of the forms and notes made by the PH witnesses (not everything that wit completed but that which comes under the Jencks Act - there are often battles over what should be labeled Jencks material - sometimes a reason for a bench conference).
That PH also acts as a detention hearing and determines whether the def will be held or released under release alternatives. In murder cases preventive detention is almost a given.
At his arrest (when he is first held) a clock starts ticking for the return of an indictment. The govt has 9 months to indict or the court has to reconsider release conditions. Every time the defense requests a continuance at this stage they must also waive that time period and the clock is suspended. It restarts when the case gets back on its procedural treadmill. So Wint waived all that time he used to change attorneys giving the govt more time to get their indictment.
The case also has to go before a grand jury for indictment. Had there been an indictment before the PH date then it would negate the right to a PH - a detention hearing would have still been held but in cases like this it's almost pro forma taking minutes, maybe seconds - upshot, the def is not getting released.
I've read discussions wondering why Wint hasn't been charged yet with all 4 murders. When someone is arrested the govt just charges with a bare bones complaint so he can be appropriately held and the case can start. You can't read anything into it. Wint has not been indicted yet and that is where you will see all the charges against him. I thought they might have indicted him by the time of the PH and then they would have just held an arraignment rather than a PH.
I wasn't present for this PH but when there is an affidavit that supports an arrest warrant then at a PH all the govt does is ask the Detective to adopt it and query if there is anything to add or correct. The judge then reads the affidavit and that becomes evidence and essentially the govt's silent testimony. As many posters have noted the govt does its best to not make this hearing about discovery. In fact, with the strong case against Wint outlined in the affidavit (DNA at crime scene AND during crime, possession ransom money) many judges would never have allowed any questioning about other persons since that wouldn't negate PC against Wint. Ago is lucky in his judge. She gave Ago a lot of leeway.
Case still needs GJ indictment despite having a PH: I suspect that this case has already been presented to at least one if not 2 or more grand juries. I seem to recall reports that witnesses were already appearing before a GJ back in May. Sorry no cite for that. I believe that for summer GJs are just sitting for a month each. Depending on their start and end dates, there might have already been 3 GJs (May, June and July) that have heard bits and pieces of this case. It can be a long process since each new GJ that takes evidence in a case has to have all the prior GJ testimony and evidence presented previously read to it. When a reading session is scheduled it gets bumped if that time is needed for a live witness in any other case so that can delay an indictment's return.
So patience is needed. Nothing Wint has done so far has delayed or stalled this case. A GJ has been working on it from early on and they have many months to get their indictment. The current procedural stage is that the case has been bound over to the GJ.
Hope this wasn't too long or too convoluted but it seems to waste people's energy and time when they are left guessing about what's next. And to be clear, this is for D.C.
