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Manhattan DA Withheld Exculpatory Evidence from the Trump Grand Jury
Independent Sentinel ^ | By M Dowling - March 22, 20232

Posted on 03/22/2023 11:27:52 AM PDT by Red Badger

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To: TexasFreeper2009

They chose to be there and to defend themselves. I was on the grand jury.


41 posted on 03/22/2023 1:43:06 PM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: TexasFreeper2009
https://www.newjerseycriminallawattorney.com/criminal-process/grand-jury-overview/rights-of-accused-at-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.

42 posted on 03/22/2023 1:45:42 PM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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To: TexasFreeper2009
as far as I understand the process the DA only presents its evidence against the accused.

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.

43 posted on 03/22/2023 3:01:07 PM PDT by frogjerk (More people have died trusting the government than not trusting the government.)
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