6-27-07 (A-31/63-06)
Because the misuse of grand jury occurred before Francis’
indictment, the inquiry should have been whether the testimony
of the family members was relevant to the crimes under
investigation and not whether the grand jury was used for the
sole or dominant purpose of securing additional evidence against
the defendant for use in the upcoming trial. The trial court is
to determine whether the testimony of Francis’ family members is
relevant to the charges against Francis.
