A Grand Jury Would Indict a Ham Sandwich

I congratulate Senator Saland on the legislative program he put forth. His bill requiring DNA testing should help the police solve crimes. Frank Sterling served 18 years in prison for a murder that DNA later proved was committed by Mark Christie. Frank Sterling is on of the 27 in the state wrongly convicted that was freed by The Innocents’ Project. Had a Preliminary Hearing with cross examination been held instead of having the Grand Jury indict, Christie, the other suspect in the murder, might have been indicted. The cross examination is the big difference. With a Preliminary Hearing the judge decides if a trial will take place. Chief Judge Wachtler of the Court Of Appeals said a Grand Jury would indict a ham Sandwich. That is because it is controlled by the District Attorney with no cross examination.  Keeping what went on secret originally served the purpose of protecting the reputation of people not indicted. Now the police do a prep walk for the press so it serves no purpose.  The Supreme Court has ruled the Grand Jury is not needed in State Court, but it is required by the New York State Constitution. I would like to see Senator Saland introduce a Constitutional Amendment allowing the Legislature to replace the Grand Jury. Britain, Canada, New Zeeland, Australia have all done away with the Grand Jury. New York State should do the same


Grant Langdon