Darin Smith's Misconduct Endangered a Murder Prosecution; 46 Republicans Confirmed Him Anyway - emptywheel

Three judges in Wyoming dismissed felony cases against nine people without prejudice due to misconduct by then Acting U.S. Attorney Darin Smith. The dismissals followed information that Smith addressed the entire panel of prospective grand jurors and made statements about the defendants before any evidence was presented. The statements characterized the defendants as “bad guys” and “murderers,” including claims that deliberations would be brief and that the grand jury would determine the alleged crimes based on evidence provided. The misconduct was linked to a grand jury duty summons that informed defense attorneys about Smith’s remarks. The cases were dismissed, allowing the government to refile if it can proceed lawfully.

"The judges dismissed these indictments, without prejudice, because someone who was called for grand jury duty informed defense attorneys that Smith addressed the entire panel of prospective jurors and described, among other things, that all the defendants were murderers, not just Ocon, who would be accused of murder."

"Witness 1 further relayed that in explaining the process, Smith stated the following. He stated the proceedings are different than a normal jury trial. He stated the defendants were not going to be run of the mill criminals seen in state court. He stated the grand jurors were going to hear cases where the defendants were bad people."

"He described the defendants as "bad guys" who "did what you are going to hear about." He stated the defendants were "murderers" and that the deliberations "won't take long" to determine they committed the alleged crimes based on the evidence provided to the grand jury."

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