Fill and Sign the Prosecutorial Misconduct Form

IN THE ___________COURT OF ______________ (County), ____________ (State) _____________________ PLAINTIFF (Name of State) V. CAUSE NO. __________ _____________________ DEFENDANT (Name of Defendant) Motion to Dismiss due to Abuse of Grand Jury and Prosecutorial Misconduct Comes now __________________ (Name of Defendant), Defendant, in the above- captioned cause, who, by and through his attorney moves the Court to pursuant to ______________________ (citation of statute or rule), to dismiss the indictment in this case in its entirety for grand jury abuse and prosecutorial misconduct, and requests a hearing on the Motion. Defendant also moves the court to require the State of _____________________ (name of state) to produce all grand jury transcripts for examination prior to the hearing, now tentatively scheduled to begin on _____________ (date of hearing) . The grounds for this Motion are as follows: 1. The prosecutors violated _____________________ (citation of statute or rule) by making extensive disclosures of confidential grand jury proceedings to the press. The prosecutors also selectively disclosed grand jury exhibits to certain witnesses in advance of their testifying in order that these witnesses were better able to prepare to testify before the grand jury, while failing to accord the majority of witnesses this benefit. 2. The prosecutors committed abuse of the grand jury by deliberately withholding from the grand jury material and exculpatory evidence of which they had knowledge, thereby intentionally creating false impressions of the evidence to the grand jury. 3. The prosecutors committed abuse of the grand jury by unjustifiably threatening and intimidating witnesses for the purpose of undermining their credibility, influencing their testimony, and deliberately creating false impressions with the grand jury, thereby preventing any independent and neutral determination of probable cause as required by _______________________ (citation of statute). 4. The prosecutors committed abuse of the grand jury subpoena power by interrogating grand jury witnesses outside the presence of the grand jury and by using threats and other intimidation to force the delivery of documents and other evidence to police officers rather than to the grand jury. 5. The prosecutors committed abuse of the grand jury by presenting evidence to the grand jury in summary form and by allowing police officers to identify and testify regarding documents of which they had no direct knowledge or understanding. 6. The prosecutors committed abuse of the grand jury by using the grand jury in substantial part solely to conduct discovery and to prepare the prosecutors' case for trial well after the attorneys presenting the evidence had made a determination to seek an indictment. 7. The prosecutors responsible in part for this investigation engaged in highly improper activity by gratuitously including Defendant's name in a civil complaint filed in __________________ (name of state), well knowing that Defendant's alleged involvement was insignificant as well as entirely proper, and well knowing that the result would be highly prejudicial publicity focusing primarily on Defendant. 8. The prosecutors committed prosecutorial misconduct by obstructing Defendant's access to at least one key prosecution witness. 9. The prosecutors committed prosecutorial misconduct by failing to correct testimony given to the grand jury which the prosecutors knew was false and misleading. The prosecution purposely created these false impressions and then failed to correct them. 10. The prosecutors purposely delayed the bringing of this indictment well after they had concluded that it should be presented, many months after indictments had already been prepared, and in at least one instance well after a draft indictment was shown to a potential defendant. 11. The overall conduct of the prosecution undermined the role of the grand jury to protect innocent citizens from having to face unwarranted charges. The misconduct and grand jury abuse by the prosecutors in this matter has not only undermined the integrity and independence of the grand jury system but has denied Defendant his constitutional rights to due process of law and to a fair, detached, and unbiased return of an indictment in this matter. The indictment should therefore be dismissed. 12. This Motion is based on the files and records of this case, and on the attached affidavits and exhibits and a memorandum of law. Respectfully submitted, __________________________ (Name of Defendant) By:______________________ (Printed Name of Attorney)_________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ Certificate of Service This is to certify that I, _____________________ (Name of Attorney), attorney for Defendant _______________________ (Name of Defendant), have this date served a true and correct copy of the above and foregoing Motion by U.S. Mail, postage fully prepaid, to the following counsel of record for the State: __________________________(Name of Attorney) _________________________________ (Post Office Box No. or Street Address) __________________________________ (City, State, Zip Code) This the ____day of ________________, 20_______. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ________________________ (Name of Attorney)______________________________ (Post Office Box or Street Address)______________________________ (City, State, Zip Code) Telephone: ________________ Notice of Motion to Reconsider Order You are notified that on _______________ (date), at _________ (time), or as soon thereafter as counsel can be heard, in Courtroom _______ of the ___________ Court for __________ County, ______________ (State), at the ______________ (County) Courthouse at __________________________________________________ ________________________ (street address, city, county, state, zip code) , Defendant ____________________ (Name of Defendant), by and through his attorney, will bring on for hearing his Motion to Dismiss due to Abuse of Grand Jury and Prosecutorial Misconduct for the reasons stated in the above Motion. Respectfully Submitted, ________________________ (Printed Name of Attorney) ________________________ (Signature of Attorney) Defendant’s Attorney State Bar No. ____________ OF COUNSEL: ______________________ (Name of Attorney)___________________________ (Post Office Box or Street Address)___________________________ (City, State, Zip Code) Telephone: ____________