Can A Grand Jury Be Called Null And Void If It Is Found That It Was Not Conducted Correctly?....

[global1]

There is so much controversy over how the prosecutor conducted this Grand Jury I was wondering if it could be rendered null and void by some body (the courts or a judge from Missouri) and a second Grand Jury with a special prosecutor be convened - or does double jeopardy come into play?

[brooklynite]

1. Um, what would be the point?

Double Jeopardy doesn't attach to a Grand Jury. You can always re-indict with new evidence.

[truebluegreen]

2. There was no trial, and no verdict, therefore no double jeopardy can attach.

A new grand jury can be impaneled, if there is new evidence...but in MO it has to be called by the prosecutor (guess who).

I don't know what the procedure would be if there is prosecutorial malfeasance....

[global1]

3. Can The Governor Of The State Appoint A Different Prosecutor Or Remove This Prosecutor From....

this case and impanel a new Grand Jury with a new or special prosecutor? If so - I think a lot of pressure should be directed at Gov. Nixon to do just that. The protesters should make life difficult for Gov Nixon until he does that.

[truebluegreen]

4. That's what I hoped too, but in MO, apparently not.

The prosecutor is the only one who can call another grand jury, and he would have to voluntarily step aside for a special prosecutor; the governor doesn't have to power to order it himself (and given his clueless "we just need to heal" stance, he probably wouldn't do it anyway). On the other hand, if a charge of misconduct or malfeasance can be supported, maybe he could be removed...I don't know if that is true, or how it could be done.