'Legal Fiction': Former Prosecutors Criticize Paul Howard for Issuing Grand Jury Subpoena Without a Grand Jury
Grand juries have been suspended in Fulton County since March because of COVID-19, but that didn't stop Howard from issuing a grand jury subpoena involving an officer charged in the death of Rayshard Brooks.
July 08, 2020 at 05:07 PM
4 minute read
Three former prosecutors say Fulton County District Attorney Paul Howard has issued an invalid grand jury subpoena for police records tied to a former officer charged with fatally shooting Rayshard Brooks.
Former DeKalb County District Attorney Jeff Brickman and former Cobb County DA Tom Charron said Howard's issuance of a grand jury subpoena without actually having a grand jury impaneled violates a state requirement that subpoenas be tied to a specific court date. No grand jury has been impaneled in Fulton County since March 13 because of the COVID-19 pandemic.
"You cannot issue a subpoena to a grand jury that does not exist," Brickman said. "It's a legal fiction, and it's improper. If I tried to issue a subpoena to a grand jury that simply doesn't exist, I would be laughed out of court."
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