Kern County District Attorney Cynthia Zimmer announced Wednesday that a grand jury returned an indictment against Trezell and Jacqueline West, the adoptive parents of Orrin and Orson West, in their deaths. Here are answers to questions you might have about that process.
Question: What is a grand jury?
Answer: A grand jury is a group of 19 community members tasked with holding public offices and officers accountable. A person must apply and meet qualifications to be considered eligible. The jury is independent and its members are sworn to secrecy when related to complaints, witnesses or the content of investigative matters. Furthermore, these people can be convened for a criminal trial, according to the county of Kern’s website.
Question: Why would a grand jury be called upon in a criminal matter?
Answer: Local private defense attorney Mark Anthony Raimondo said the district attorney may call upon a grand jury if a matter is complex. For example, a suspect could be considered a flight risk. Or, a person must be protected when trying a serious gang case.
“There’s much more freedom for the DA to bring what they want … (and) to present their information in secret, not to disrupt the investigation itself,” Raimondo said.
Zimmer said her office sought an indictment because these hearings can be conducted over a longer time frame. A preliminary hearing may finish in a short period of time.
Kern County Public Defender Peter Kang said complicated factual issues or to temporarily protect the identity of reluctant witnesses could be a reason to use a grand jury.
The case against Armando Cruz, an Inglewood man who is alleged to have raped and killed 13-year-old Patricia Alatorre of Bakersfield, is a recent example of the district attorney’s office securing an indictment.
Question: Who benefits from an indictment: the prosecution or the defense?
Answer: Raimondo said prosecutors receive a head start when arguing a case after securing an indictment. However, the lawyer reveals their entire case and arguments to the defense. In a complaint, the prosecutor could put limited information regarding their evidence, he said.
Local private attorney Gabriel Godinez said that on the flip side, defense attorneys have limited time to prepare for trial. They must comb through mounds of evidence.
Question: How can a murder case be brought when the body of the victim has not been recovered?
Answer: Zimmer said the bodies of the West brothers have not been recovered. However, prosecution can continue, she said, and in fact, convictions have been secured in other such cases.
Question: Who does the burden of proof fall upon?
Answer: Raimondo said prosecutors must prove every element beyond a reasonable doubt a person has died. In adult cases, speculation can run rampant because this individual has the means to travel. With children, that may not exist.
“So it’s a tough hurdle to overcome — but every homicide there are tough homicide cases to overcome,” Raimondo said.
Kang said a body of a victim is one of the most critical pieces of evidence in any murder case. Without a body, the prosecutor has to solidly connect circumstantial evidence and develop motive. Without a body, it’s very hard to prove if death was intentional, accidental, or in the heat of passion.
A person is not presumed dead until seven years pass, Kang added. Therefore, prosecutors might wait to file charges, which could result in key witnesses losing their memory, moving or dying. Key evidence could be lost as well, he added.
However, Raimondo said defense attorneys must conduct a large investigation to pinpoint a missing person’s whereabouts. If these attorneys prove a person still lives, they may win their whole case.
If a body is missing, it could be proof of a death. However, without a body, there is doubt a person is not dead, he added.
It’s a “paradox,” Raimondo said.
Original Story: https://www.bakersfield.com/news/q-a-how-does-the-grand-jury-process-work/article_cf59639e-9a92-11ec-aac0-530845549ec6.html
