Will LT Testify Before the Grand Jury or Fight Another Day?
In the small but important development category, the statutory rape case against Lawrence Taylor will be adjourned on Thursday to June 24, 2010 in criminal court.
The reason for the adjournment is simple, the district attorney's office has 5 years under NY law to indict LT for this crime. So why rush? The DA has indicated that he is waiting for certain lab results that will be needed to be presented to the Grand Jury.
In New York, the DA only must present sufficient evidence to show a crime was committed and the defendant committed. To do this, only a small amount of evidence is needed. The alleged victim's testimony and lab results are more than enough. This can be easily accomplished by June 24 if the lab tests are in hand.
The factor to watch is whether LT will exercise his right to testify before the grand jury. In one of strangest aspects of NY's criminal procedure, a defendant may speak directly to a grand jury. However, during the defendant's testimony, his defense lawyer may say NOTHING. The defense attorney can ask no questions or offer no objections. After the defendant is done testifying, he is then cross-examined by the DA.
For these reasons, most defendants don't testify before a grand jury. Most times, the defendant gets indicted anyway and all the accused has done is give the DA a preview of his trial testimony. The grand jury is no place for a shaky defendant, who never has to testify before any jury, ever.
My name is Christopher Fusco. I am the managing partner of Callahan & Fusco, LLC with offices in New York, New Jersey, and Pennsylvania.