Our beloved writer/friend David Phillips picks up a pen to call out
Bob McCulloch as the police protector he is, instead of
the prosecutor he has never been.
With his permission, we republish his blog here.
David E. Phillips
It is remarkably easy to get an indictment from a grand jury. Former New York state Chief Judge Sol Wachtler once said you could get a grand jury to “indict a ham sandwich.” There is no defense present. It is an opportunity to run up the score. What typically happens, when a prosecutor is seeking an indictment, is they present the evidence to the grand jury in an effort to achieve just that. Otherwise, why are they there? Normally, potentially exculpatory evidence is not shared with the jurors. Once again, the prosecutor is normally trying to gain an indictment. How easy is it to gain an indictment, you might ask? In 2010, the federal government brought 162,000 cases to a grand jury. They were denied all of eleven times.