Can he get any traction with this? Not familiar with lack of Grand Jury violating Fifth Amendment rights - is this a Pattis attempt at more "foolery" as someone said earlier. Love that word - foolery!
If the prosecutor had gone to the Grand Jury and they had chose "true bill" meaning to indict then NP would be screaming that Grand Juries can indict a ham sandwich. Grand juries only decide whether or not charges can be brought. They meet in secret and the defendant has no right to be present. Their decision doesn't even need to be unanimous.
Most people try to avoid criminal activity. Just an FYI, Norm. Wasn't sure he was aware that most of us do indeed try to avoid criminal activity like murder and kidnapping and tampering with evidence and hindering prosecution.
Here is what happens (if at any point someone with more legal knowledge wants to chime in please do so):
FD committed a crime.
Police create a report or an Arrest Warrant.
Police give AW or report to the prosecutor.
The prosecutor can do one of three things:
a) File a compliant with the trial court setting forth the charges
b) Go to a Grand Jury
c) Elect not to pursue the matter
If the prosecutor chooses option (a) and the case is a felony (meaning the prosecutor chooses to bypass the Grand Jury to file a complaint) then a preliminary hearing is held.
At the preliminary hearing the prosecution must demonstrate to the JUDGE that the state has enough evidence to warrant a trial.
In short, FoDU's constitutional rights are not violated. The prosecutor doesn't not have to go to a Grand Jury.
By the way, isn't this what Norm Pattis wants. FoDu's day in court. I would think he would be salivating over a preliminary hearing. The prosecution has to prove to a judge that the case against FoDU should go to trial. They have to show a lot more of their hand if necessary than we have seen so far.
I thought this was what NP wanted. The case is weak, says Pattis. The AWs are weak, NP says. FoDu wants to testify and prove his innocence. Okeedokee Norm. I'd be arguing for a preliminary hearing ASAP if I really felt that way. Which, IMO, NP does not. good luck with your obviously guilty client.