Hi I am new here trying to get some info about this for personal reasons. Can anyone explain to me what is happening with this girl and what was done to her. Does she have to testify against her rapist? What is the difference between a grand jury and a normal jury - is it because the trial is of such a serious crime? I want her to be safe and not have to ever see her rapist never ever again. I don’t understand.
Hi
alina1995 and welcome!
First off you should read the thread we have about the children' mother:
FL - FL - Rosselys Felix Hernandez, 31, Jupiter, Nov 2016
There's a lot of additional information there.
The current charges against York are:
*First-degree rape
*One count of incest with a victim under 12 or with serious physical injury
*Three counts of incest with forcible compulsion/incapable of consent or being under 18
*Three counts of third-degree rape
*Cultivation of five or more plants of marijuana
*Possession of marijuana.
*Kidnapping
*Unlawful transaction with a minor
A Grand Jury is called to review the evidence in the probable cause from LE and decide whether or not to indict (go ahead with the charges) the accused and which charges - it could be some, any or all - to indict. As of June 21 the Grand Jury has not reviewed his case. The Grand Jury isn't involved in a trial.
A jury trial happens when an accused has been indicted and scheduled with a date to start the trial. That's where the prosecutor and defense attorneys question the prospective jurors and decide whether or not they accept them. They are allowed a certain number of "strikes" if they feel the juror is biased. Once they have 12 jurors and a couple of "alternatives" (in case a juror has to be excused during the trial) the trial date is put on the court docket.
And yes, the girls would be required to testify although the court often takes into account their ages and how traumatic it will be and in some cases the judge makes sure the children are protected during their testimonies. The accused has the right to confront their accuser(s) so it can't really be avoided most times.
Sometimes the accused will enter into discussions with the attorneys before or during the trial and agree to a "plea agreement" to some or all of the charges - usually when they are given a small break that makes it a better option than continuing with a trial and risking being found guilty on all counts and spending many more years in prison.
A plea agreement also spares the children from having to testify. Usually the prosecutor (DA) will work to do this if all parties can agree to terms.
You probably know much of this so please excuse my long answers - I want to cover your questions as thoroughly as possible and by no means am I "talking down" to you or anything. The judicial system can be complicated and it takes a while to get the hang of it as I'm sure you will in time!
