A local Pro Se defendant has made a lot of history in the realms of law lately;
First in U.S. history to denied constitutional and civil rights by a law that does not exist.
First in U.S. history to be indicted without a grand jury even being formed.
First in U.S. history to be arraign twice (attempted that is) on the same bogus crime, which they cannot do.
In another first, and stunning twist of stupidly and criminally by Cattaraugus County, New York, District Attorney Lori Rieman, and her band of criminals, she now claims she has the authority to indict an individual without a Grand Jury even being formed.
Indictment (from Blacks Law dictionary, 6th addition); A accusation in writing found and presented by a grand jury…
Here is another amazing feat of Rieman. She also claimed in her response to her Pro Se victim that a grand jury was not empaneled and the Cattaraugus County Judge affirmed it (We don’t think Lori told the County Judge the truth about want was really going on).
Her employees are already citing laws that don’t exist (that’s called a false statement in lawyer terms and that gets attorney’s disbarred, and if they are public officials they are also guilty of willful and official misconduct, AND if they swear to it, they are also guilty of perjury).
Here’s the problem, in order to be indicted a grand jury has to be formed, they they have to investigate the matter, then if they find enough evidence they pass down what is called a ‘true bill’, an indictment. Here is how it is supposed to work in New York;
A person can initially be charged with a felony via a sworn written accusation alone (a “felony complaint”),[NY CPL § 100.10(5)] the state constitution provides a defendant with a right to have all felonies prosecuted by way of a grand jury indictment.[Procedure Law article 180, NY Const. article 1, § 6] This right can be waived by a defendant, who can then be prosecuted using an indictment substitute called a “superior court information.”[NY CPL Article 195] Grand juries are composed of between 16 and 23 jurors (16 being a quorum for all proceedings) and indictments require a minimum vote of 12 such jurors.[NY CPL § 190.05 & § 190.25].
Both the prosecutor and the grand jury itself have the right to call witnesses to testify before the grand jury [NY CPL § 190.50] With few exceptions, every witness who testifies before a grand jury receives transactional immunity automatically, whether they invoke their right to silence or not [NY CPL § 190.40]. If a grand jury is considering criminal charges against a person, that person has a right to testify before that grand jury, provided they make a timely written demand and then agree to waive their right to immunity [NY CPL § 190.50(5)].
In a local case which a pro-se litigant is exposing wide spread corruption in the Cattaraugus County District Attorney’s office, the pro-se litigant has just discovered that Lori Rieman claims he was indicted. Guess how he found out?
He found out by ordering a transcript of the last hearing he had to involuntary appear at, when he received it, it stated in the caption that he was indicted.
Yes, that’s right, in good old Cattaraugus County you can be indicted without grand jury even being formed. A first in the history of the United States! A county in the U.S. the world should be proud of!