An Alaska appeals court just tossed a felony voter-misconduct indictment after finding the grand jury got misleading testimony and the wrong instruction on intent.
The defendant, born in American Samoa, had checked “U.S. citizen” on a voter form even though she is legally a U.S. national.
But the court said prosecutors still had to prove she intentionally swore falsely — including a consciousness of wrongdoing.
The grand jury wasn’t properly told that. And a trooper’s testimony about what she supposedly knew was also misleading.
The court concluded the errors likely affected the decision to indict.
For defense lawyers, the grand jury record can be worth attacking long before trial.
-The Criminal Defense Brief