Hyden, Guilty or not Guilty! The Grand Jury Process (Fact or Fiction)

The Grand Jury Process (Fact or Fiction)

There have been lots of questions regarding the legal process after Hyden was found to be competent (sane) to stand trial.

To be able to hold Hyden a complaint was initially allowed.

The Minnesota Constitution guarantees in heinous crimes the right to a grand jury indictment.

The grand jury is an accusatory body. Its function, like the prosecutor's in cases not submitted to the grand jury, is to determine whether or not the accused should be charged. The grand jury decides whether there is probable cause; it is for the petit jury to determine whether there is proof beyond a reasonable doubt.[FN6.1] Hearing only the prosecution's side of the case.

That is correct. Hyden is not allowed to present a defense. The grand jury listens to evidence that only the prosecutor provides. This is a one-sided proceeding.

The next step will be an Omnibus Hearing to insure Hyden that a jury will hear only evidence that is admissible and evidence that is allowed under the rules.

A quick review of the complaint in this case and the type of evidence solicited is that the evidentiary issues are simple and the issues in the case are not complex.

The defense will probably attempt some type of mental illness defense which is really the best tactic of defense counsel. Will it work?

Probably not. Mr. Hyden has a right to due process, an attorney and other rights. This is our system!

Will he be convicted? Tell us what you have heard> Tell us what you think