re: Both Sides of the Case Will Be Presented to the Grand Jury

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The facts I stated are exactly what was stated in the link:

(1) Jefferson did not start a fight.

(2) Jefferson did not engage in the fight.

(3) Jefferson helped pull LSU players away from the fight.



Its going to trial. The minute JJ opens his mouth to the GJ, the following will be introduced:

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John Jefferson said he was first alerted to the matter this morning when LSU Coach Les Miles' office called because it could not reach Jordan by phone. Jefferson called Jordan, who was sleeping but returned the call 30 minutes later, John Jefferson said.

"He said he didn't know anything about a fight," John Jefferson said. "He told me 'I've been here four years, and I know it ain't worth it. When I see something going down, I leave. I have too much to lose for that.' "

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there isn't a cross examination for grand jury. this isn't being "tried" before a grand jury.

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both sides don't get to present their case to a grand jury. It is only the prosecution.

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That is the standard procedure. However, given the unusual nature of the case, it appears that perhaps the DA is using a different procedure for this case.

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quote:There are always exceptions, but generally you cannot attack the credibility of a witness by using prior acts or conduct. Plus, there would likely be other admissibility problems (hearsay, etc.)

Lowery lied from the get-go saying he wasn't at Shady's that night. That he was only there to pick up a friend. That's the story his lawyer has been sticking to since day one.

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It doesn't matter what his lawyer said to the press.

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So, are you saying that the GJ got this case in the same amount of time it would get any other case of this type in the system? That it didn't move up to the top of what is a huge pile of backlogged cases in our court system?

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Your initial assumption is inaccurate. This is not a GJ case. It wouldn't move up because it would not have gone to the GJ in the first place.

I don't know if you second assumption is correct either. I don't know that the GJ has a huge pile of backlogged cases. I suspect it doesn't. The only cases that have to go to the grand jury are offenses punishable by death or by life imprisonment.

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The only cases that have to go to the grand jury are offenses punishable by death or by life imprisonment.

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Some of that equal treatment being sought.

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This is presenting information to a sitting Grand Jury. JJs father is on record saying that he reported to Miles that JJ was not involved, per JJ. A statement from Miles will back this up. The GJ will decide if JJ is credible about his statements to his father, as will Lowerys crediblility about his statements to police.

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You're wrong on this. The GJ may only hear legal, admissible evidence.

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However, since JJs lawyer is not able to present to the GJ, Lowerys statements to police, re another incident wont see the light of day there. JJs fathers statements, along with Miles corroboration will.

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Unglesby will be there. It appears that Moore will present all the legal evidence available to the GJ in this case. That means all of Lowery's statements.

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This is not a trial, and has ZERO to do with admissability.

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Wrong.

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Unglesby will be there.

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sweet. another piece of furniture in the room is always nice. He can't talk, ask questions or object.

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It appears that Moore will present all the legal evidence available to the GJ in this case.

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where do you get the information of what he is going to present. Just curious if you have a link or reference, or if it's like your comment from yesterday.

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Yes it does. This is not a court proceding. This is presenting information to a sitting Grand Jury. JJs father is on record saying that he reported to Miles that JJ was not involved, per JJ. A statement from Miles will back this up. The GJ will decide if JJ is credible about his statements to his father, as will Lowerys crediblility about his statements to police.

However, since JJs lawyer is not able to present to the GJ, Lowerys statements to police, re another incident wont see the light of day there. JJs fathers statements, along with Miles corroboration will.

And may I repeat; This is not a trial, and has ZERO to do with admissability.

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the reason it doesn't matter is that the DA is only going to call witnesses that support their claim jefferson should be indicted. there is still no direct evidence (as far as we know) linking jefferson to the fight. the DNA evidence came up empty, so basically all we have is hearsay, and yes i know hearsay is admissible to a grand jury not at a trial. however, john jefferson is simply saying basically the same thing jefferson has been claiming the entire time. i dont think jordan has at any time claimed he struck anyone in any way. the DA basically has to show evidence he did, and jefferson's dad saying his son had nothing to do with it doesn't really present compelling evidence to support the prosecution's case. if jefferson had said he wasn't at shady's, then yeah it would be an issue.

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You're wrong on this. The GJ may only hear legal, admissible evidence.

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I am not wrong. Evidence is presented to GJ all the time that is later ruled inadmissable

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Unglesby will be there. It appears that Moore will present all the legal evidence available to the GJ in this case.

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Unglesby can sit outside, but will not be allowed in the room' JJ can asks for a break to go speak with him

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How a Grand Jury Works

When a prosecutor brings a case to a grand jury, he presents the jurors with a "bill" (the charges) and introduces evidence -- usually the minimum necessary, in the prosecutor's opinion -- to secure an indictment. The proceedings are secret; it is standard practice to call witnesses to testify against the suspect without the suspect or the suspect's lawyer present. Indicted suspects can sometimes later obtain transcripts of grand jury proceedings, however -- and this is a big reason why prosecutors like to keep the evidence to the minimum.

Although the prosecutor can also call the suspect as a witness, this is not typically done. When suspects are called, they often refuse to testify by invoking their privilege against self-incrimination under the Fifth Amendment to the U.S. Constitution.

If the grand jury decides to indict, it returns what is called a "true bill." If not, the grand jury returns a "no-bill." But even if the grand jury returns a no-bill, the prosecutor may eventually file charges against a suspect. Prosecutors can return to the same grand jury with more evidence, present the same evidence to a second grand jury, or (in jurisdictions that give prosecutors a choice) bypass the grand jury altogether and file a criminal complaint.

If the prosecutor decides to file a complaint rather than present the case to a grand jury, and the case is a felony, the defendant is entitled to a preliminary hearing at which the prosecutor must show that the state has enough evidence of the crime to warrant a trial. However, if the case proceeds by grand jury indictment, no preliminary hearing need be held. For this reason many prosecutors choose the grand jury indictment process because they don't have to reveal as much evidence before the trial.

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You're wrong on this. The GJ may only hear legal, admissible evidence.

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that's not true. hearsay evidence is acceptable for the GJ, just not at trial. a grand jury isn't a criminal trial. it's an investigatory process.

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The primary responsibility of the grand jury is to decide
whether the State has enough evidence against a suspect to
bring charges formally. This process begins with a presenta-
tion by the SA or ASA, which may include a description of
the elements of the crimes. The SA or ASA may call wit-
nesses to testify before you, and invite you to ask questions
of the witnesses as well.

You should not expect to hear all of the state’s evidence against the accused.
The state is only required to present those facts it believes are necessary for a
probable cause determination. It is the petit jury’s responsibility to determine
whether the accused is guilty beyond a reasonable doubt. Thus, you will not
normally hear any evidence in defense of the accused.
Hearsay evidence is appropriate for grand jury proceedings because it is an
investigatory process. However, such testimony is generally not admissible at
trial. After all witnesses have testified, you will be given time to decide whether
there is probable cause for the accused to be charged with the crime. If you
decide there is enough evidence to support the submitted charges, you will vote
for indictment. If the jury votes to indict, the Foreperson will sign “a true bill,”
and formal charges will be brought against the accused.
At the end of each day during your service, you will come before the court
and your Foreperson will deliver any indictments you decided during the day.
Such indictments become the official accusation in the circuit court.

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