Grand jury gets traffic-stop shooting case this month

CEDAR RAPIDS — A Linn County grand jury will be convened for the first time in an estimated 10 years to decide if a police officer who shot a man should be indicted.

This month, seven randomly chosen grand jurors will begin looking into the early morning Nov. 1 traffic-stop shooting of motorist Jerime Mitchell by Cedar Rapids Officer Lucas Jones.

This marks the first time that Linn County Attorney Jerry Vander Sanden has not made a determination by himself, after reviewing evidence, whether an officer-involved shooting was justifiable.

In announcing last month he'd convene a grand jury in this case, Vander Sanden said it was the best option 'under the circumstances.'

Mitchell's attorney said the badly injured man has offered to give a statement to the grand jury and legal experts say it's likely Jones will be invited to testify also — but may well be advised by counsel not to.

CITIZEN REVIEW'

Legal experts say grand juries can be helpful if there is a conflict of interest or if there are questions about the strength of evidence or credibility of a witness.

A grand jury provides prosecutors the 'ultimate citizen review board' to gauge any weaknesses, they point out, because grand jurors can ask questions and even subpoena witnesses for evidence they feel is lacking.

'What's also good is the jurors aren't preselected by the prosecutor,' said Robert Rigg, a law professor at Drake University Law School in Des Moines. 'It's not like a trial jury that is questioned and chosen by each side.'

The experts, however, say there also is criticism that the process isn't transparent to the public. It's a secretive proceeding and seems one-sided.

'Have you heard that saying, 'a grand jury would indict a ham sandwich' if you wanted?' Rigg said. 'The prosecutor is in control.'

Tim Hagle, a University of Iowa political science professor, agreed. The proceeding is 'stacked in favor of the prosecutor because there's no cross — no defense is allowed.'

The 'target' — or potential defendant — is not allowed to have an attorney present and most are advised by their counsel not to testify.

RANDOM JURORS

Most of the criminal cases — 'probably 99.5 percent' — brought in Iowa courts are charges directly filed by county attorneys, Rigg said. They file trial information that contains probable cause — what and how the crime was alleged to have happened — and a judge approves it to go forward.

Harold Denton, a retired Linn County Attorney, said prosecutors at the federal level have to use grand juries because they usually don't bring charges themselves without an indictment. But 'realistically, you can't do a grand jury in every (state) case because of the expense and time. It wouldn't be efficient.'

It's up to the discretion of the prosecutor whether to use a grand jury in Iowa state court, he said.

Sixth Judicial District Chief Judge Patrick Grady, like every chief judge, swears in grand jurors each year. Grady said according to Iowa law, 12 grand jurors are randomly drawn — by a computer program in this district — from a pool of 150 residents to serve for a year. Out of the 12, seven are randomly drawn to serve on a grand jury when one is convened.

It then takes five of the seven to return a 'true bill' — an indictment. If five don't agree, then no indictment and no charges are filed.

Vander Sanden said he hasn't brought in a grand jury since he has been the county attorney for the last six years.

He has reviewed four previous officer-involved shooting cases, agreeing each time with the Iowa Division of Criminal Investigation that the use of force was justified.

A grand jury wasn't used in those reviews.

Last week, Vander Sanden wouldn't say when this grand jury would convene, but said it would be this year.

Mitchell, 38, a black man, was pulled over by Jones, who is white, about 1:15 a.m. Nov. 1 on the lower part of Coe Road NE. Police and the DCI have said an altercation ensued and Jones fired his gun at Mitchell.

Mitchell was shot in the neck. Relatives have said he is paralyzed.

No other information about what led to the shooting — or the reason for the traffic stop — has been made public.

NO SPECIAL PROSECUTOR

Vander Sanden wouldn't comment on what evidence would be presented in this case.

Other prosecutors interviewed said all 'admissible' evidence is usually presented. That would include an investigation and interview of Jones conducted by the DCI; squad car dashboard camera footage from the scene; any reports from Jones; and possibly testimony from Jones and any others who saw the incident or had information about it.

But according to the rules of evidence, a grand jury isn't bound to hear any evidence from the potential defendant.

First Assistant Woodbury County Attorney Mark Campbell said that in his experience, it's typical to send a letter to the potential defendant asking for any evidence he wants submitted or if he wishes to testify.

A similar letter could be sent to a potential victim. And witnesses are subpoenaed to appear, but nobody else from the public is alerted.

Paula Roby, Mitchell's Cedar Rapids attorney, said last week that Mitchell volunteered to provide a statement. But his 'permanent and profound life changing' injuries prevent him from appearing, she said.

'We are very happy Mr. Vander Sanden decided to send it to the grand jury,' Roby said.

Rigg, a former criminal defense lawyer, noted most potential defendants don't appear because their attorneys advise against it.

But Denton recalled one case that came down to expert testimony — which both sides had — so he wanted to present both. He and the defense agreed to have the potential defendant testify.

'Now, you have to have some trust between a prosecutor and defense attorney because you have to remember, the defense attorney can't be in the room,' he said.

Denton pointed out that prosecutors 'don't seek an indictment you can't prove. We take an oath and it's an ethical obligation.'

Last week, Linn County Supervisor Stacey Walker asked Vander Sanden to recuse himself from the case and request a special prosecutor for the grand jury.

Walker, who is the board's first black supervisor, said Vander Sanden should step aside because of 'his necessary relationship with law enforcement officials.'

Walker also cited Vander Sanden's previous review of Officer Jones. In October 2105, Jones was involved in a fatal police-involved shooting. After reviewing the DCI investigation in that case, Vander Sanden ruled the use of lethal force was justified.

In a statement Thursday, Vander Sanden said he had no intention of recusing himself. Rather, his statement said, he would 'discharge this responsibility in a professional, conscientious and ethical manner'

Polk County Attorney John Sarcone said that while grand juries are infrequently used in Iowa, he has had three or four in the last few years and always calls one in officer-involved shootings.

'Law enforcement want a grand jury review in this county,' he said. 'It's a fair and good process.'

Plymouth County Attorney Darin Raymond said grand juries are the best option to avoid possible conflicts in any case involving law enforcement or elected officials.

None of the prosecutors interviewed have recused themselves in grand jury proceedings.