How Many Times can US Attorney present the same case to a Grand Jury?

[patch268]

Salt Lake City, Utah

In Jan 2007 the VA Hospital was robbed of $17,000. My wife was struck twice by the robber and then was accused of the crime by the FBI and OIG. The VA did not adhere to the policy of having two people staff the cash office and did not have cameras in the room or surrounding hallways. They went after my wife because she was the only lead.

It's been six months and it feels like it's coming to a close but I need some questions answered to know for sure.

The US Attorney said he was going to try and get an indictment from the Grand Jury on July 11, 2007 but as of today 7/23 there is nothing at [url]http://pacer.psc.uscourts.gov/[/url] or [url]http://dockets.justia.com/[/url] under my wife's name.

1) If the US Attorney presented but was unable to get an indictment would this show up on one of these sites? (If it does not show up on these sites does that mean he did not present?)

2) If the US Attorney presented but was unable to get an indictment, are we done? ..or can he keep bringing it before different Grand Jurys every few months until he can get the indictment?

3) Is there a statute or could we be dealing with this the rest of our lives?

Thanks for your help,

-Peter M. Nilson
(peteyn@hotmail.com)

[CdwJava]

Originally Posted by patch268

1) If the US Attorney presented but was unable to get an indictment would this show up on one of these sites? (If it does not show up on these sites does that mean he did not present?)

Grand Jury proceedings are secret, so it is doubtful that such an attempt would show up ... especially one that lists the suspect name!

2) If the US Attorney presented but was unable to get an indictment, are we done? ..or can he keep bringing it before different Grand Jurys every few months until he can get the indictment?

If the US Attorney receives a "no bill" from the grand jury, he MAY re-present to another federal grand jury. However, pursuant to DOJ policy, any re-submittal must be done through the Assistant Attorney General's office to help avoid problems. According to the DOJ Administrative Manual approval for resubmitment will "ordinarily not be granted, absent additional or newly-discovered evidence or a "clear miscarriage of justice."

3) Is there a statute or could we be dealing with this the rest of our lives?

Hire an attorney.


- Carl