People v. Bergen

Judge TAUBMAN

dissenting.

Because I respectfully disagree with the majority’s construction of the grand jury statute, its upholding the constitutionality of the dogfighting statute, and its assessment of prosecutorial misconduct, I dissent.

I. Interpretation of the Grand Jury Statute

The majority concludes that Bergen waived her rights under the grand jury statute and thus was not entitled to the prosecu-torial immunity it affords. I disagree with both that conclusion and the majority’s interpretation of the statute.

The majority’s interpretation rests on the premise that the statute is clear and…