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Zoey_ JD
Zoey_ JD, JustAnswer Criminal Law Mentor
Category: Criminal Law
Satisfied Customers: 23537
Experience:  Admitted to NYS Criminal defense bar in 1989. Extensive arraignment, hearing, trial experience.
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Note: not looking basic answer here. How do I find out if a

Customer Question

Note: not looking for the basic answer here. How do I find out if a Grand Jury was held in a federal criminal case? The indictment is not proof a real, physical grand jury with people took place. It was signed by the federal prosecutor - where I have more
than one source of evidence he just signed the indictment document and filed it on the record. But no real grand jury hearing occurred. The name of the jury foreman is of course left blank so i can't call that person. The federal prosecutor may be lying that
a grand jury ever took place - so how do I tell? Just because the Clerk of Court entered it is not proof either, she just filed what the fed. prosecutor gave her. PACER just shows what she filed. Is there some other way to absolutely prove it was held? The
transcript is sealed, and in the possession of the same fed. prosecutor. See the dilema? It gets you to wondering if other fed. prosecutors have done such a thing across the country. Lord knows how corrupt they are.
Submitted: 1 year ago.
Category: Criminal Law
Customer: replied 1 year ago.
I have evidence the grand jury hearing never took place, that the fed. prosecutor just drafted the indictment, signed it, filed it with the court and the case was created.....with no real grand jury hearing/voting taking place.
Expert:  Zoey_ JD replied 1 year ago.

Hello,

Ultimately, if you case goes to trial, you will be entitled to see the grand jury minutes but until that time you're not entitled to them. Before that point, traditionally, defense challenges the sufficiency of an indictment by asking the judge to do an in camera inspection of the grand jury proceedings.

Customer: replied 12 months ago.
Sorry, the trial already took place ago 4 years back. The federal judge in the case denied a motion to look at the transcript. I still have the same question: how does one tell if the grand hearing/vote REALLY physical, actually, took place?
Customer: replied 12 months ago.
You should know: there was a problem with JustAnswer's software accepting the date of my credit card. But they were closed over the weekend and I did not know how to contact you. I called on Monday but they first blamed my credit card - but there was nothing wrong with my card. It was their software.
Expert:  Zoey_ JD replied 12 months ago.

Prosecutors, and for that matter all lawyers, are considered officers of the court. They are required to make truthful records. If a prosecutor tells you that an indictment has been voted, it's been voted, because if he/she lies about something like that, he would lose his license to practice law.

I understand why you may be suspicious, but the odds of your suspicion being unfounded are enormous, which is why the judge declined to inspect the minutes. However, if you want to challenge this, you can appeal your conviction on the grounds of lack of jurisidiction and/or report the prosecutor to his or her licensing authority for prosecutorial misconduct. Then someone will certainly look at the grand jury minutes.

Customer: replied 12 months ago.
I'm sorry but that does not answer my question. And federal prosecutors are caught cheating, lying, destroying evidence all the time. Just take the corrupt prosecutors in Senator Ted Stevens' case. I can cite tons more (the Arther Anderson Accounting Firm case, and on and on). The prosecutor has already been reported to the U.S. Attorneys Office of Misconduct in D.C. - nothing happened, with follow up, and that was 2 years ago. In fact I can prove with written documents a federal judge agreed to have a first cousin by blood sit on the jury in a criminal trial, while the govt. called that guy's first cousin to the witness stand to testify. It was reported and nothing happened. You see, by your own answers there is no way to tell if a grand jury hearing/vote really took place. If you have another way - pls tell me I really want to know. And I have to admit I am concerned that you believe federal prosecutors so quickly. This is just one article, but includes the (th Cir. Chief Judge who recently caught a prosecutor red handed lying on the witness stand. https://www.washingtonpost.com/news/opinions/wp/2014/01/09/exposing-corrupt-prosecutors/
Customer: replied 12 months ago.
Here is a recent article on POGO: "Hundreds of Justice Department Attorneys Violated Professional Rules, Laws, or Ethical Standards". Further an interesting, but shocking book, is by a former US prosecutor called "A License to Lie", by Attorney Syndey Powell. She details how federal prosecutors routinely lie, hide evidence, cheat, file false papers, coach witnesses to lie.
Expert:  Zoey_ JD replied 12 months ago.

I didn't say lawyers couldn't lie. I said that something like that would cost a prosecutor his or her license to practice law. As an officer of the court and an AUSA he or she is duty bound to tell the truth and a failure to do so in a matter of that magnitude would be career-ending.

I'm opting out and perhaps someone else can give you an option beyond a grievance and/or an appeal.

Best wishes for a safe and happy holiday season.