What goes on in the grand jury proceedings?
Rules of evidence do not apply in the grand jury proceeding. The assistant district attorney is permitted to present evidence in the form of “hearsay.” Usually, the assistant district attorney simply reads the police report to the grand jury. Occasionally, witnesses do testify. However, the defense attorney is not permitted to be present during the witness’s testimony or cross examine the witness. If the state agrees, the defense lawyer can send witnesses or even his own client into the grand jury room to testify and tell his side of the story to the grand jury. However, any participation by defense counsel in the grand jury proceedings is only by agreement with the state. The Defendant has no right per se to present evidence or have any role whatsoever in the grand jury proceeding.
