There were two grand juries seated to look into DW, and neither one came back with an indictment. Since we all know you can indict a ham sandwich, I’m guessing you’re right.
“If we’re going to say, as everybody in the system does, that a prosecutor can get a ham sandwich indicted if they want . . . that would mean that when they choose not to take extra consideration given to that,” Hardin said.
That argument is flawed, however. A prosecutor both can get a ham sandwich indicted — and can get a ham sandwich not indicted. Because it’s a one-sided presentation of evidence, the prosecutor has wide latitude to nudge the grand jury in whichever direction the prosecutor wants it to be nudged. The prosecutor, thus, can push toward an indictment. The prosecutor also can push toward no indictment.
Why would the prosecutor want no indictment? Because the prosecutor may not want to have to try to win one or more of those cases under the ridiculously high standard of proof beyond a reasonable doubt.
Prosecutors don’t like to lose. Prosecutors, in some situations, may not to want to have their hand forced and/or their hands tied by a grand jury that finds “probable cause” in a case where the evidence nevertheless is rife with reasonable doubt, which easily can happen in a case of conflicting versions of events told by two people with no third party present to break the tie.
In Watson’s case, it’s not known (because the process happened in secrecy) whether and to what extent the prosecutor tried aggressively to get one or more indictments.