Quote:
Originally Posted by ChrisV
The prosecutor arguing for the side of the defence in a grand jury indictment really should be malpractice of some kind.
It would be great if this happened. IANAL, but my understanding is that, as the prosecutor, it's perfectly within his rights to look at the evidence and use his discretion to say, we're not going to prosecute it. If he wants to take that stand, then he's free to spew all the defense arguments he wants.
However, if he is going to present it to the grand jury, then he needs to do his ****ing job. And if he thinks that it should not be presented but someone is "forcing him", the correct play, I would imagine would be to recuse himself, and have someone else present the case to the grand jury.
Of course, I think the chance of the prosecutor facing any sort of censure here is even less than the chance of the cops being indicted.