Legal Question in Criminal Law in Florida

Hi. I have a question perhaps you can offer an answer or some good advice. Can I get Grand Jury proceedings after a case has been dismissed? My son was murdered in July of 2008 and a Grand Jury indicted one boy for vehicular homicide non-intent & manslaughter. There were two other boys involved, who received nothing, even though one boy left death threat voicemails 2 hours prior to meeting my son. Our son was then beaten and intentionally hit by their car. Everyone is free because the prosecutor dismissed the charges the day before trial. He said it was because he wasn't able to subpoena the other two boys who would place him as the driver. I don't think he tried, one was on probation, the other had an attorney & the prosecutor was allowing him to "pick up" his subpoena. Other witnesses could have placed these boys elsewhere in the car, thus leaving the owner of the car as the driver. We think the prosecutor intentionally left out details, changed our son's death from being hit by their vehicle to falling from their vehicle, did not bring the voicemail death threats into evidence, just to change this into a reckless accident. Perhaps to protect one of the boys, whose mother is a 15 yr veteran dispatcher for the sheriff's office & his brother is a deputy. There have been many signs throughout this process that point to protecting this boy. Can you tell me how I can get these Grand Jury proceedings? I feel we are dealing with a corrupt prosecutor, thus the boys that killed our son will never be held responsible for their actions and they will be free to hurt others. Our son was their 2nd victim, they had beaten and robbed a teen 2 months earlier, and although the victim knew his assailants, no one was ever arrested for that crime until AFTER my son was killed. And the one boy with law enforcement ties to the same county, was never arrested for that attack. Only one boy was arrested in our son's case, and it was weak charges and dismissed. There is supposed to be an ongoing investigation still, but I see nothing done, the highway patrol is doing it, not a major crimes unit, and there is enough facts and evidence to arrest these boys and put them before a jury! I've got support from retired homicide detectives, engineers, an ME, & others, but haven't got help on the legal end. Can anyone advise on the Grand Jury question? And anything else you might have to offer.


Asked on 8/09/11, 7:52 am

1 Answer from Attorneys

Craig Epifanio Craig Epifanio, P.A.

Grand Jury proceedings are always confidential and you can not access them without a court order. This is a VERY complex area of law and one that can't properly be answered on this forum. You should contact an attorney in your area to answer these questions.

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Answered on 8/09/11, 1:53 pm


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