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A Word About Grand Juries

The way the grand jury and indictments work, is this: the prosecutor or the commonwealth's attorney, present a case to 12 local citizens, who make up the grand jury, and then those 12 local citizens determine if a felony was committed or not. It's all behind closed doors, and the public isn't allowed to attend, or see what's presented, or what's discussed. Just the outcome of it.

Grand juries are supposedly to be democratic, and used as a firewall against frivolous felony cases, but even grand juries can issue frivolous indictments hence the saying “even a ham sandwich can be indicted”. Grand juries are also not supposed to be swayed by the prosecutor presenting the case. The prosecutor presents the case in a non-biased manner, and then the 12 grand jurors make their determination. But unfortunately, that's not what usually happens. Usually, the prosecutor forces their will on the grand jurors and get whatever outcome they seek, even though it's not legal to do so.

What I find odd about grand juries is that they are not necessary to arrest, jail, and charge somebody for a felony murder. If a citizen is suspected of murdering another person, a police officer, any police officer who has jurisdiction in that area, can arrest the person suspected of murder, jail them, and charge them with a crime. If the charge is a felony, it may have to be okay'd by the grand jury at that point, but there's ways to finagle the grand jury process. It would be easier to get an indictment from the grand jury if the person they are talking about is wearing an orange jump suit, and is in handcuffs. Perception is power and that's why they have perp walks.

So any police officer could arrest a murderer. Bobby Joe Smith is the Constable of District 4 of Laurel County, which gives him the same power as a Sheriff in that district, District 4 of Laurel County, but only in that district. Sheriff John Root and all of his deputies, any of the county police officers, and the state police can all arrest Bobby Joe Smith, if they believed he was guilty of murder. Individual citizens could arrest Bobby Joe Smith as well, a citizen's arrest, but that could be a dangerous undertaking.

The US Attorney's office could do something too, issue a warrant, as could a local District or Circuit Judge. In Breckinridge County, just a complaint was necessary for a warrant to be issued. Shan Embry, a district judge, has issued warrants from just a complaint, without any evidence whatsoever. Because of nepotism. Because it was her buddy who issued the complaint. And I wonder what the warrant against Brandon Stanley is all about. Grand juries and regular juries can also formed by nepotism too.


And if all else fails, a wrongful death civil lawsuit can be filed by the family, the one who is responsible for Brandon Stanley's estate... the next of kin... his wife, his parents, or his children, or whoever is next in line as his next of kin.  

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