2018 - INVESTIGATIVE SUMMARY 5

Investigation of Alleged Abuse of the Grand Jury and Indictment Process, Making Prejudicial Statement to the Grand Jury

This investigation — which found reckless professional misconduct — focused on allegations that a Department attorney engaged in professional misconduct before the grand jury by: 

(1) commenting improperly on the credibility of witnesses;

(2) expressing his personal opinion about inferences and conclusions that should be drawn from the evidence;

(3) asserting facts that had not been introduced in evidence;

(4) threatening witnesses in order to coerce testimony that was favorable to the prosecution; 

(5) eliciting testimony about irrelevant, inflammatory matters for the purpose of prejudicing the defense. 

Based on the results of its investigation, OPR concluded that the Department attorney acted in reckless disregard of his professional obligations in violation of Department policy by engaging in a pattern of improper conduct in the grand jury that included asking improper questions and making improper statements while examining witnesses. 

OPR found that the Department attorney’s conduct before the grand jury created a substantial risk that he would infringe on the grand jury’s independence; inflame the grand jury; or otherwise improperly influence the grand jurors in their evaluation of the case.