C.A. 3rd;
C083126

The Third Appellate District granted a petition for writ of mandate. The court held that the deputy district attorney's unauthorized excusal of a juror for hardship substantially impaired the grand jury's independence and impartiality, warranting dismissal of the resulting indictment.

Darren Williams was charged by complaint with a series of robberies. Proceedings before a grand jury began with the deputy district attorney introducing himself to the jurors. Next, he excused one of the jurors from service, explaining that he had been informed that Juror Number 15 had just learned she would not get paid for the full five days of her service, which would cause her an economic hardship: “So I'm going to release her from her service at this time.” The proceedings continued with 18 jurors, who returned an indictment charging Williams with multiple felonies.