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No Charges for Cynthia McKinney

By Jeralyn, Section Crime in the News
Posted on Fri Jun 16, 2006 at 11:22:30 PM EST
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The grand jury returned a "no true bill" for Cynthia McKinney Friday. That means they decided not to indict. But, were they asked to indict?

Prosecutors declined to say whether they asked the grand jury to return an indictment, noting court rules that bar them from disclosing such matters.

How else would the grand jury have returned a "no true bill" unless they had been asked to vote?

At common law, and in many states, a grand jury can return charges in either of two ways. One is to vote on a set of charges submitted by a prosecutor; these charges are contained in a proposed indictment, and if the grand jurors decide there is probable cause to support the charges, they vote a "true bill," that is, they vote to return the indictment and initiate a criminal proceeding. If the grand jurors decide there is not probable cause to support the charges, or that the charges should not be pursued for other reasons, they vote a "no true bill," which means the indictment is not returned and no criminal case ensues.

The grand jury in McKinney's case served as her shield. That's as it should be. The job of the grand jury is not just to indict, but to refuse to indict if the proof is not there. Evidently, it wasn't there as to McKinney.

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    • No Charges for Cynthia McKinney | 9 comments (9 topical)
    Re: No Charges for Cynthia McKinney (none / 0) (#1)
    by Talkleft Visitor on Fri Jun 16, 2006 at 10:51:06 PM EST
    What is the role of jury nullification at the grand jury level? Is it possible they decided there was probably cause but that it just didn't merit prosecution? Also, am I right to assume most defense lawyers are pro-jury nullification? If so, how did the courts get so stacked against it? Finally, just an fyi, when you get to the bottom of a homemade blackberry smoothie, don't bother with the dregs, they are just inedible pieces of blackberry. Yuck.

    Re: No Charges for Cynthia McKinney (none / 0) (#2)
    by cpinva on Sat Jun 17, 2006 at 12:08:43 AM EST
    Finally, just an fyi, when you get to the bottom of a homemade blackberry smoothie, don't bother with the dregs, they are just inedible pieces of blackberry. Yuck.
    not sure i needed to know this! lol it would seem odd for the gj to return a "no true bill", had they not been asked for an indictment. i'm sort of inclined to go along with jp's theory on this one.

    Re: No Charges for Cynthia McKinney (none / 0) (#3)
    by Che's Lounge on Sat Jun 17, 2006 at 06:56:39 AM EST
    Well the wingers bagged another Kennedy so they're reloaded with smear ammo. Nothing to see here. Move along.

    Re: No Charges for Cynthia McKinney (none / 0) (#4)
    by Che's Lounge on Sat Jun 17, 2006 at 06:57:31 AM EST
    J, That's where all the antioxidants are! Hold your nose and take it.

    Re: No Charges for Cynthia McKinney (none / 0) (#5)
    by Sailor on Sat Jun 17, 2006 at 08:30:04 AM EST
    Cynthia skated based on her race.
    Since you didn't sit on the jury you have no idea what the evidence was and no way to juddge her guilt or innocence.

    Re: No Charges for Cynthia McKinney (none / 0) (#6)
    by squeaky on Sat Jun 17, 2006 at 09:10:29 AM EST
    Cynthia skated based on her race
    Right, if your metaphor is apt it is because her skates were like cement shoes when she was arrested, because of her race. .

    Re: No Charges for Cynthia McKinney (none / 0) (#7)
    by squeaky on Sat Jun 17, 2006 at 01:52:07 PM EST
    She hit a Capitol police officer after arrogantly blowing through a security checkpoint, in a building where
    So either you were on the jury or you saw what happened. Neither? What a surprise.

    Re: No Charges for Cynthia McKinney (none / 0) (#8)
    by Sailor on Sat Jun 17, 2006 at 02:19:46 PM EST
    There were numerous witnesses and it is on video
    Yes, and the witnesses testified and the grand jury decided there weren't grounds to indict her. As far as the video goes, show us a link.

    Re: No Charges for Cynthia McKinney (none / 0) (#9)
    by Bob In Pacifica on Sat Jun 17, 2006 at 04:24:32 PM EST
    It struck me as a mountain out of a molehill anyway. It helped fill out the FOX schedule for a few weeks. What about the missing white girl down in the Caribbean?

    No Charges for Cynthia McKinney | 9 comments (9 topical)