And that didn't happen in Zimmerman's case.
Originally Posted by I B Hankering
Actually, it did. If you reread the statute ...
"if an indictment has not been found or an information or affidavit filed for the offense, .."
There was a complaint (affidavit) filed and it is my understanding the case went forward on the information and complaint. There was no legal requirement for an indictment by the grand jury at the offense level charged....a non-capital crime.
The statute gives grand jurors "investigative" powers by providing that it can look into offenses not brought before it or not otherwise filed by the prosecution. Philosophically that provides the "citizens" with the right to look into crimes that politicians might not want to pursue.
FYI:
"IN THE CIRCUIT COURT OF THE EIGHTEENTH JUDICIAL CIRCUIT
IN AND FOR SEMINOLE COUNTY, FLORIDA
ISSUE CAPIAS
CASE NUMBER:
SA NO: 1712f04573
STATE OF FLORIDA
VS.
GEORGE ZIMMERMAN
INFORMATION
COUNT 1: MURDER IN THE SECOND DEGREE
IN THE NAME AND BY AUTHORITY OF THE STATE OF FLORIDA, ANGELA B. COREY, STATE ATTORNEY for the Fourth Judicial Circuit of the State of Florida, pursuant to Executive Order of the Governor 12-72, and as such Prosecuting Attorney for this Court, through the undersigned designated Assistant State Attorney, charges that:
COUNT 1: IN THE COUNTY OF SEMINOLE, STATE OF FLORIDA, on February 26, 2012, GEORGE ZIMMERMAN, did unlawfully and by an act imminently dangerous to another, and evincing a depraved mind regardless of human life, although without any premeditated design to effect the death of any particular individual, kill TRAYVON MARTIN, a human being under the age of eighteen, by shooting the said victim, and during the commission of the aforementioned Second Degree Murder, the said GEORGE ZIMMERMAN did carry, display, use, threaten to use or attempt to use a firearm and did actually possess and discharge a firearm and as a result of the discharge, death or great bodily harm was inflicted upon any person, contrary to the provisions of Section 782.04(2), 775.087(1) and 775.087(2), Florida Statutes.
ANGELA B. COREY
STATE ATTORNEY
I hereby state under oath that I am instituting this prosecution in good faith and I certify that I have received testimony under oath from the material witness or witnesses for the offense(s).
[signature]
Bernardo de la Rionda
Designated Assistant State Attorney
for the Eighteenth Judicial Circuit
Florida Bar No. 365841
Personally appeared before me, Designated Assistant State Attorney Bernardo de la Rionda, who is personally known to me, who being first duly sworn, says that this prosecution is instituted in good faith, and certifies that testimony under oath has been received from the material witness or witnesses for the offense(s), and says that the allegations as set forth in the foregoing information are based upon facts that have been sworn to as true and wich, if true, would constitute the offense(s) tehrin charged. Sworn to and subscribed before me this 11th day of April, 2012.
[signature]
Signature of Notary
Jennifer Weigel
Name of Notary"
There seem to be some misspellings in the above information, which is not an actual copy (photocopy), but a text rendition.
In the process of finding a copy of the information I saw some articles about "grand jury" indicting Angela Corey with "falsifying an arrest warrant" in the Zimmerman case. "Four days ago" ... if that is the case ... I don't see anything reported about it among the anti-Zimmerman crowd on this board.