Posted on 03/22/2023 11:27:52 AM PDT by Red Badger
They chose to be there and to defend themselves. I was on the grand jury.
Right to Testify
An accused has no right to testify at a N.J. grand jury. However, the prosecutor may extend an invitation for a defendant or target of investigation to testify. Under this circumstance, a defendant will have the “privilege” of testifying provided he waives his Miranda rights and right to counsel as defense attorneys are not permitted to be present at grand jury proceedings.
This is what happened.
It has no obligation to present a defense. Which is why they say you could “indict a ham sandwich”
https://www.newjerseycriminallawattorney.com/criminal-process/grand-jury-overview/rights-of-accused-at-grand-jury/
Right to Presentation of Exculpatory Evidence
While the prosecutor represents the state and has no obligation to present the defendant’s side of the story, he has an obligation to present evidence to the Grand Jury that is “clearly exculpatory.” In order for evidence to satisfy this threshold, it must refute an element of the crime charged. If the prosecutor fails to present evidence that is exculpatory and meets this standard, that conduct warrants dismissal of the indictment.
Now that is NJ but I would think NY would be similar.
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