Is there a procedure in NC criminal cases for having a case thrown out for lack of probable cause? Because it seems like there isn't any here.
All that can be done is file a motion to dismiss. I have sat in stunned amazement since the inception of this case when I learned there is no actual probable cause hearing process in which the defense can cross-examine the DA's prima facie case or present alibi and exculpatory evidence. In NC, the GJ process serves the gatekeeping function, but there is no requirement for the DA to present exculpatory evidence. What was remarkable in this case was the DA's refusal to even look at that information, which was the only ethical recourse under a GJ system that does not require presentation of exculpatory evidence. The GJ has the right to ask questions and seek further information, but most GJs are simply rubber stamps for the DA and don't seek other information. The GJ let these boys down, too.