GA - Rayshard Brooks, 27, fatally shot by Police, Wendy’s lot, Atlanta, 12 Jun 2020 #2

[SugarQueen]

It doesn’t have to be the fault of the DA. That DA is not that special. It is the law.

 

[SugarQueen]

Grand juries are conducted without defense lawyers, and usually without the defendants.

“It’s fairly rare for defendants to testify in front of a grand jury,” says Russell Gabriel, the director of the criminal defense clinic at the University of Georgia School of Law.

“If a police officer is the defendant under Georgia law, they have the right to give a sworn statement to the jury,” Gabriel says.

In Georgia, if a grand jury decides not to indict, the prosecutor can’t go around its decision, but can can try again with a new grand jury.

How A Grand Jury Works In Georgia | 90.1 FM WABE

Like I said Officer Rolfe can testify.

 

[Curiosity1234]

The prosecution will try to prove he had no reason to feel anyone was in danger.

After both officers were overpowered, one was punched in the face and a taser was stolen. DANGER!!!DANGER!! WRITTEN ALL OVER IT.

 

[JerseyGirl]

Like I said Officer Rolfe can testify.

He can provide a sworn statement.

 

[Simply Southern]

Why can’t a Grand Jury be held in a large auditorium to maintain social distancing ? In Georgia, you can dine in and go shopping why can’t they make the necessary accommodations to hold a Grand Jury ?

It would seem he is being denied due process.

Moo...

 

[Rocky1]

So basically the same pieces that Howard showed in his presser could be all they see? Or can they request the videos in their entirety to view with their own eyes?

No. The grand jury can also see any other additional evidence the prosecution may have collected since the presser. They can/will also hear witness testimony.

 

[Rocky1]

I agree oceanblueeyes, its frightening to look back on the last 5 decades and see how much things have changed and how violence has grown I can't imagine ever wanting to harm another human being just because of anger. Where does all this violence come from and when was it ever okay ? The current state of this country with the protests is dividing this country even more; I believe people have a right to protest peacefully but then others show up and begin looting, starting fires, ruining businesses that provide jobs for people and antagonizing the police. People will get sick of it and want the protests to stop. Where is it all going to end ?

If you go back and study history during 1968, IMO there was a lot more violence than there is now.

 

[SugarQueen]

He can provide a sworn statement.

Whatever you want to call it Officer Rolfe can SPEAK before a grand jury.

 

[Longtime_lurker2019]

Worst moral decay? No I think we covered that with the trail of tears and slavery/segregation. I'm not sure how old you are but we are far better than we were even 20 years ago. The moral decay of racism and bigotry far outweigh anything we have now.

I couldnt agree with you more!

I'm old. I have lived a long time, and have seen a lot of bad things happen in our country at different times.

However, I have never seen anything like this where it seems we have spiraled down into pure madness.

I never thought I would see the days when lawful acts or even acts of extreme kindness would be called wrong or vilified, and criminal acts or extremely bad behavior would be proclaimed as good acts, and are fully supported or completely excused for very bad behavior. Into days climate often the violent criminals are the ones supported, and law abiding citizens are not.

I no longer can say that day would never come for I have seen it play out for over 7 long agonizing years worsening as each year passes.

Before then I never realized just how many are so cruel, and mean spirited. Those who seem to get up every day seeking only negativity, and nurse it until the day ends only to continue to manifest it day after day never having any positive thoughts or anything positive to say. How miserable it must be because even in the most trying of times we still have many positive blessings in our life to be thankful for, imo.

For now at least, we are the freest country in the world, unless the lawless wins of course. Then no matter where we live it will look like a war zone like the multiple cities we have witnessed being destroyed and ruled by the lawless.

It's hard to even think about that becoming our new reality, but, imo, that's where we are headed if this violence doesnt stop.

Who is going to stop them when many of their local, and state leaders have told LE to standby, and do nothing or even scarier if they want LE to surrender their precinct in more, and more cities.

Imo, we are in the worst moral decay we've ever experienced where everything is upside down.

I have cried as much about this as I have when the terrorists attacked us on 911.

I love my country, and ALL of it's many peace loving people in it. I pray for peace, and safety to return, but I don't see it happening anytime soon. Maybe not even in my lifetime before we pride ourselves again on being a country of law, and order.

I know this... if law, and order is not restored our country will implode from all of the toxic blind hate spilling out on our streets with more, and more blood being spilled of innocent citizens. And with more having their businesses, and livelihoods destroyed who havent done anything wrong except be in the war zone areas where the lawless may rule, and takeover more areas.

If this madness continues our country will not survive. Maybe that is what some are wanting anyway. it sure seems like it at times.

Jmho

 

[Rocky1]

As far as I know the defendant can also speak at the grand jury.

Yes. The defendant can be called to testify, however the defense attorney is not allowed to present evidence.

 

[Simply Southern]

"Under Georgia’s Rule of Professional Conduct 3.8, Paul Howard is prohibited from making 'extrajudicial comments that have a substantial likelihood of heightening public condemnation of the accused.' In fact, he is only permitted to inform the 'public of the nature and extent' of his actions 'that serve a legitimate law enforcement purpose.' He has violated that rule today and also made blatant false statements," Pines continued."

So much for that. I guess Howard is special.

Does Rolfe or his attorney have any legal resource at this point? Could the governor or State Attorney General intervene?

Surely, there is a process to object to holding a man till Oct without bond for a grand jury and a DA that's by passing every part of our legal check and balance system?

Moo...

 

[SugarQueen]

Yes. The defendant can be called to testify, however the defense attorney is not allowed to present evidence.

The defense attorney isn’t allowed in the room, correct?

 

[JerseyGirl]

Whatever you want to call it Officer Rolfe can SPEAK before a grand jury.

I believe a “sworn statement” is similar to an Affidavit. It will be included with the State’s evidence for the grand jury’s review.

He cannot speak before a grand jury according to the law in Georgia.

 

[Curiosity1234]

If you go back and study history during 1968, IMO there was a lot more violence than there is now.

You don't think overall crime has gone up ?Home invasions, carjackings, drive bys were rare or unheard of. Murder including by spouse or ex is more common. I read about one man who murdered his wife and two small children. The daughters were put in a tank of oil and the wife was buried close by in the ground. Assault and battery. But, on the plus side, bank robberies have probably gone down thanks to technology.

 

[SugarQueen]

I believe a “sworn statement” is similar to an Affidavit. It will be included with the State’s evidence for the grand jury’s review.

He cannot speak before a grand jury according to the law in Georgia.

If something has been posting showing he is NOT allowed
to SPEAK before a grand jury I must have missed it.

 

[JerseyGirl]

If something has been posting showing he is NOT allowed
to SPEAK before a grand jury I must have missed it.

I believe he can speak before a grand jury only if they call him.

 

[Trident]

I believe he can speak before a grand jury only if they call him.

Is there a link for that or is it strictly opinion?

 

[JerseyGirl]

Is there a link for that or is it strictly opinion?

Link:

A prosecutor will present the evidence to an impartial group of citizens called a grand jury. Witnesses may be called to testify, evidence is shown to the grand jury, and an outline of the case is presented to the grand jury members. The grand jury listens to the prosecutor and witnesses, and then votes in secret on whether they believe that enough evidence exists to charge the person with a crime.

Grand juries are made up of approximately 16-23 members. Their proceedings can only be attended by specific persons. For example, witnesses who are compelled to testify before the grand jury are not allowed to have an attorney present. At least twelve jurors must concur in order to issue an indictment.

Charging

In most cases the accused has an opportunity -- not required by law, unlike a jury trial -- to testify, but is only questioned by the prosecutor. The defense attorney cannot question. But the grand jurors can submit questions to the prosecutor to ask witnesses.

6 of your questions about grand juries, answered

 

[JerseyGirl]

Does Rolfe or his attorney have any legal resource at this point? Could the governor or State Attorney General intervene?

Surely, there is a process to object to holding a man till Oct without bond for a grand jury and a DA that's by passing every part of our legal check and balance system?

Moo...

Since the judge didn’t even want to hear from him today and postponed his appearance until Tuesday, I doubt that anyone will intervene.

 

[Curiosity1234]

It would seem he is being denied due process.

Moo...

Any chance the DOJ would get involved in this case ?