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Comments - All Right, People, Let's Update Those Motions to Compel Grand Jury Notes

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At hearing in Josephine County judge asked how he would be able to tell whether a grand juror note re: a witness' testimony might impeach a witness without perhaps reviewing all the police reports or other written witness statements and how would one impeach a witness w/ a G.J. note absent subpoenaing the juror to ask whether the witness testimony at trial was different than G.J. testimony and if the juror didn't remember using the note to refresh recollection.

All good questions. I think it helps if you can generally highlight things in the police reports that you believe would be likely areas of inconsistency. Obviously, this is less of a concern when you renew the motion after the witness has testified. But your pre-trial motion will want to note version A to the police, version B in the CARES, version C to a 3rd person.

And yes, you might have to call the Grand Juror as a witness, which creates a variety of timing and procedural headaches, but is not invariably insurmountable. Plus, if you received GJ notes with Brady material mid-trial, and you had no choice but to request a setover in order to subpoena the juror, the judge is really in a rock and a hard place. After one or two such experiences, the judge may be more inclined to order the notes turned over well before trial.