EUGENE — A Lane County decide might rule whether or not to dismiss the indictment in opposition to Oregon defensive again Daylen Austin as quickly as subsequent week.
Lane County Circuit Courtroom decide Stephen Morgan heard argument from Austin’s lawyer, Bryan Boender, Tuesday morning concerning his movement to dismiss the indictment with prejudice on account of what he’s referred to as “extreme prosecutorial misconduct” throughout grand jury testimony. Boender is alleging the state violated due course of in 4 methods throughout the grand jury.
Austin, 20, pleaded not responsible in February for failing to carry out the duties of a driver when one other individual is injured, a Class B felony, for fatally placing Frank William Seaman together with his SUV on April 15, 2024. Trial stays scheduled for Aug. 14.
Morgan denied Boender’s movement for an evidentiary listening to and after listening to Boender’s argument for dismissal, requested whether or not the state might merely take the case again to grand jury once more if he had been to grant the dismissal. Boender replied {that a} dismissal, even with prejudice, might permit for that chance, although it will not be most acceptable.
“If the state might return to grand jury, having finished this the primary time, I believe maybe a grand jury course of wouldn’t be essentially honest and maybe a contested preliminary listening to — an adversarial course of — can be the very best procedural safeguard to offer that this doesn’t occur once more,” Boender mentioned.
Lane County Deputy District Lawyer Nicholas Geil referred Morgan to the state’s response to the movement to dismiss, which isn’t publicly out there.
The edges every have per week to file any further declarations within the case.
— James Crepea covers the Oregon Geese and Large Ten.
