photo swiped from heraldo
Heraldo had it first - Gallegos on Channel 3 in another incomprehensible interview blaming the media for his inability to make a decision in the Cheri Moore case - Gallegos said a Criminal Grand Jury has not been empaneled in the case, and declined to confirm whether he’d made the final decision to utilize a Grand Jury. Gallegos stated that "media attention slows it down."
Gallegos, as I've said before, is caught between a rock and a hard place. He wants to please his handlers and charge the EPD Officers, but he can't. And he knows it.
If I understand it correctly - Here's the problem:
A District Attorney presents charges one of two ways:
1. As an alternative to a preliminary hearing, the DA empanels a Criminal Grand Jury to investigate in secret with no defense attorney present.
2. The DA just files charges and there is a preliminary hearing open to the public, and the defense can actually respond to questions.
You only empanel a grand jury when you don't want all the evidence to be heard by the public - in this case everything is out there and has been for a long time - the investigation was closed well before the coroners inquest. There's no need for secrecy.
If this were 10 or 11 months ago, prior to everyone testifying and prior to the coroner's inquest, Gallegos could justify empaneling a Criminal Grand Jury, ostensibly because there was sensitive information that he didn't want out there.
But now, the investigations are complete, and have been for quite some time - unless there's some secret witness hiding in the wings, there's nothing new here and no need to hide anything from the public.
What he seems to be doing is passing the buck - he doesn't want to make a difficult decision so he is hoping the Criminal Grand Jury can pull the rabbit out of the hat for him...
Gallegos' statement in the interview is telling - he says he has three choices:
1. File a complaint
2. Not file a complaint
3. Form a Criminal Grand Jury
Actually, he has at least two more:
1. Clear the Officers
2. Hand the case over to the Attorney General
It would be stupid to empanel a Criminal Grand Jury if you aren't planning to file charges, so...
Is he looking for a 1st degree murder charge? First Degree means he has to prove that it was premeditated - obviously not the case here because they were going to get her out of her apartment and take her to a Mental Health Facility - no intent to kill.
Is he looking for a 2nd degree murder charge? Second Degree means it was not premeditated, but he still has to prove an intent to kill - again, clearly not the case here
For either First or Second Degree murder, he has to prove intent to kill.
Is he looking for a Voluntary Manslaughter charge? For that he would have to prove heat of passion - there was none.
Is he looking for a Involuntary Manslaughter charge? A misdemeanor* - This is the one thing that could apply - involuntary manslaughter could be a lawful act conducted in an unlawful manner - BUT - the statute of limitations ran out last year. Now perhaps he has something else in mind, maybe he has come up with something he thinks will fly.
* NOTE: - Nope - I'm wrong about that - reading the wrong subsection - this would actually be a straight felony under, I think 192 a, b or c, not a wobbler, not a misdemeanor, so this must be where he thinks he has something. (And thanks to those who contacted me to let me know I was off.)
But why all the theatrics? WHY? What is there that justifies putting everyone through this when he can just make a decision - and he could have passed it off to the Attorney General and washed his hands of it.
TS DA says no request yet for grand jury in Moore case