• #2,261
If the indictment doesn't stand, will they go to a preliminary hearing? If I remember correctly, this is what the defense wanted to happen in the Bryan Kohberger case when they fought to get access to the grand jury indictment in that case and, ultimately, the judge at the time granted access to a redacted version of the indictment. The defense in that case had not wanted a grand jury indictment, rather they wanted a preliminary hearing presumably to get access to some of the witnesses. It sounds to me that in the case against Don Lemon, the defense is hoping to get the indictment and argue for the case to be thrown out based on the indictment and the case closed. But how likely is that if the indictment doesn't stand?

Good to have a lawyer on board in cases like this!


ebm for clarity
Kohberger was a state case and this is Federal. What happened in the Kohberger case was very strange in that the prosecutor originally brought charges by Information. That is common in most states, especially in the west, and then it proceeds to a preliminary hearing to establish probably cause to move on. But as it became clear that the defense was going to call witnesses at the PH, the prosecutor then convened a grand jury to indict instead, and superseded the preliminary hearing. But that isn't an option in the federal system since indictment by GJ is the only process. The GJ had found probable cause in the DL case. Now, the judge or magistrate could still dismiss via a couple of options. I would expect the DL defense to file a motion to dismiss pretty quickly here.
 
  • #2,262
DBM - not sure if source is approved
 

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