Prior to taking the vote on February 10, 1989, the prosecutor ascertained that there was a quorum of grand jurors present who had heard the essential testimony, but failed to instruct the Grand Jury that only those who had heard all of the evidence, presented January 25, January 27, and February 9, 1989, could vote.
Upon a motion to inspect and dismiss on the basis of prosecutorial misconduct, the trial court examined the Grand Jury minutes and, while rejecting that...
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