WWL>Topics>>2-24 7:15am Tommy, Merritt Landry grand jury

2-24 7:15am Tommy, Merritt Landry grand jury

Feb 24, 2014|

Tommy talks to Loyola Law Professor Dane Ciolino about grand jury deliberations over the Merritt Landry case

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Automatically Generated Transcript (may not be 100% accurate)

Talk to been -- Leno about merit entry. Rest and accused of second degree attempted murders shooting fourteen year old Marshall -- to reach more difficult and I don't think there's any. Dispute about whether or not he did that but he said he fear offers life when. Marshall Coulter I'm an -- yards and block him and bill's treatment to clot. And Landry fired once at all human hand. Mary Landry has since been the Rangers testing ceiling you know professor of law bills and -- -- morning game. Very well -- thank you tell me about com. The brain injury process. And how it works it you can be arrested and accused but not charged and moderately -- from the it was a doozy and it. Have to go through injury every time ones -- Well it's interesting in the cases that there is as a matter of law -- meat that is to return to -- present the case to the grand jury. In most cases like this that mrs. but like this I mean. Positioning devices either considered -- attempted murder or is aggravated battery cases. In 99%. Of these these -- dictate that the DA makes charging decision all -- well. Doesn't present the case to a grand jury but just either while developed information. Or -- the case out and decide not to prosecute. What you know as I understand the grand jury a lot of stuff gets admitted in the grand jury hears a lot of things that a regular jury would not necessarily get to -- The rules of evidence that the quiet before a grand jury the rules -- tears today and and and and other technical require. That applies at at a trial just don't just don't apply to prosecutors pretty much free -- to put on whatever evidence they like to. And grander -- can hear a wide range of evidence now. Why this case is being presented to a grand jury rather than just being screened internally within the DA's office. Is unclear it could be that the DA is doing it 20. Perhaps -- get proper whatever charging decision the grand jury exit the grand jury decides not to chart the man that DA can. Essentially. I didn't make that decision the grand jury did. I think it's that same thing at the grand jury decides to prosecute. But troop build indictment. So did is he gonna and I guess we don't know at the district attorney plans to do but I it's theoretically could. -- his life he in essence beyond -- I'm talking about merit Landry Intel. Either did indeed the DA if it is for political motives realizes OK we've gone before enough grand juries it's safe not to do it anymore. Or did as ago until a statute of limitations runs out explain this to -- Statue limitations of the sort of -- quality is six years now. In a motorcade. Where someone. Has died there is no statute of limitations that case could be brought. As long as the the alleged defenders alive. But yes so did technically for the for the next five and a half years or thereabouts. -- -- injury could be in limbo about whether or not he will be charged. Or not. Or it could be that the -- injury made considers that this case decide that they don't wanna prosecuted. Declined to file a bill of indictment and the prosecutor announced that its that it's over now even if you would make that that announcement does that mean that it's. It irrevocably. -- He always did. Decide to pursue in his -- known about -- -- Or new DA could come in -- mine -- -- whomever it is come lately been in terms of what exactly and look on that. -- taken sides here and not realizing that a teenager gets shot in the head but in terms of what Mary Landry years ago -- in terms of each grand jury -- idea to hire a lawyer does. Do you mount a defense you could be called to testify or is it all prosecution led. Web -- prosecution let me Mary Landry does lawyer. But that lawyer cannot go into the -- -- argue mr. Landers case. Mister Landry. Ken Dolan testified that he has given -- an opportunity. He went to the courthouse last week so most people believe that he was invited. To go testify before the grand jury about it -- attorney's office and and perhaps he needed now of course greater proceedings are public so. The press can't go sit in the -- and and the the proceedings and and know for sure whether mr. Landry testified but it's very usual for a defendant to show up on grand jury day. So the most likely scenario is that he was -- for a purpose and that purpose was probably -- testify. Dana appreciate it's primarily -- and now become bank on if anything changes -- coming back.