United States v. Lawrence A. Hogan and Leonard J. Patricelli

CARDAMONE, Circuit Judge:

On this appeal our principal concern is directed not at the jury trial where the accused were found guilty, but at earlier events — those that transpired before the grand jury which indicted the appellants. More than in other cases, the minutes of the grand jury proceedings in this case reveal what can happen when the prosecutor is too determined to obtain an indictment. The temptations to cut corners, to ignore the rights of an accused, and to toss fair play to the winds gain ascendancy. Prosecutors presenting cases to grand juries are firmly subject to due process…