Published: November 04, 2009 07:07 am      

Grand jury led charges in Avery case

Anne Avery-Miller was indicted by a one-man grand jury consisting of 13th Circuit Court Judge Philip E. Rodgers. Grand juries can subpoena and compel testimony from potential witnesses in a case, so prosecutors often use them if police have witnesses that won't cooperate.

Grand jury proceedings work much like a trial, except they're closed to the public and defense attorneys don't cross-examine witnesses. If an indictment is issued, proceedings continue much like they would if a prosecutor issues a criminal charge.

Antrim County Prosecutor Charles Koop said he chose to use a grand jury because "a number" of witnesses in the Sam Avery death investigation wouldn't cooperate with police.

"There were witnesses that we were unable to obtain information from," he said. "We thought the secrecy of a grand jury proceeding, and the requirement they provide (testimony) would help the investigation."

The Avery-Miller grand jury was the first to be held in Grand Traverse County in at least a decade, Rodgers said.

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