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Legal expert: If special prosecutor drops Murrill charges, defense subpoenas into grand jury investigation go away

Murrill
Liz Murrill's special prosecutor asks court to block defense subpoenas
Louisiana Attorney General's Office


Will the special prosecutor in the indictment of Louisiana Attorney General Liz Murrill drop the charges, now that the alleged victims in the case have asked for it?

Loyola law professor Dane Ciolino says prosecutors in Louisiana have broad discretion in accepting charges against a defendant, even those handed up by a grand jury.

"Under Louisiana law, Laurie White, assuming she was validly appointed, has every right to nol. pros. these charges, without needing court approval, grand jury approval, or anyone else's approval," Ciolino explained.

And dropping the charges would also effectively nullify the subpoenas from Murrill's defense lawyers seeking communications between White, Orleans D.A. Jason Williams, and others about how the grand jury investigation into Murrill began.

"It should," Ciolino told WWL First News. "Once the underlying criminal matter is dismissed, any matters ancillary or related to that proceeding become moot."

Ciolino said it is possible that authorities could pursue a separate investigation into the conduct of the grand jury and allegations of grand jury manipulation.