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In Indiana, a prosecutor can petition the court to empanel a grand jury or a judge can elect to empanel a grand jury without a petition by the prosecutor.

The Fifth Amendment right protecting criminal defendants from double jeopardy does not attach with a grand jury indictment. Double jeopardy attaches only when a jury is empaneled at trial.





The Delphi Voice Project is reaching out to victims' right and public interest attorneys to discern the feasibility of using a grand jury to determine if enough evidence exists to indict James Brian Chadwell.





 

Indiana Law on Grand Juries

Grand juries 

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STATEMENT REGARDING THE VIABILITY OF SUSPECTS

We take no position on the guilt or innocence of James Brian Chapman but rather, based on the information available, he seems to be a credible suspect. It has been 7 months since he was arrested in Tippecanoe County and charged with attempted murder, two counts of child molesting, kidnapping, criminal confinement, battery with serious bodily injury and strangulation. At that point, the multi-agency task force had been investigating the murders of Abby and Libby for over four years. Soon thereafter, Sheriff Leazenby issued a media blackout indicating he would answer no more questions regarding the investigation into Chadwell.

 

We contend investigators have had more than a reasonable period of time to determine if Chadwell should face charges. The investigation is nearing five years with no arrests despite Libby providing law enforcement with both video and audio evidence of the murderer. The investigation has been shrouded in secrecy.

 

Investigators have cited the goal of maintaining the "integrity" of the case as the primary reason they have released so little information. Their definition of case integrity has never been thoroughly explained but most observers understand it to mean the investigators do not want to release any information that would compromise the defendant's ability to get a fair trial. At the nearly five year mark, these assertions are no longer adequate. It is the position of The Delphi Voice Project that Abby and Libby have a legacy right to procedural due process meaning the investigation is subject to review and independent oversight. Law enforcement officers are investigators. The Delphi community and Indianans, in general, have the right to basic information regarding an investigation that  deeply affects them unless there is a compelling law enforcement interest in keeping the information private or it would violate Libby and Abby's posthumous right to privacy.  

 

Sheriff Leazenby has stated that any good defense attorney would file a motion to suppress evidence that was released to the public when, in fact, most motions to suppress evidence deal with illegal searches and seizures, confessions, and improper eye witness identification. Pretrial publicity would necessitate a change of venue motion but at this point, a change of venue would seem reasonable. It is the victims' best interests that all suspects' Constitutional rights are rigorously protected. But, it is also important that this investigation be opened up to the public regarding the investigation of James Brian Chadwell. If he is no longer a viable suspect, then The Delphi Voice Project hopes to enlist all legal and political tools available to bring oversight and accountability to the investigation. 

 

When information has been released at a later date, there seems to be no rational explanation how its earlier release could jeopardize case integrity. For instance, investigators originally only released a picture of the murderer on the bridge. Two years later they released a short video but cannot explain how this might impact a defendant's ability to get a fair trial.

 

While law enforcement must be circumspect about releasing investigatory information to the public, a lack of police transparency can also threaten police accountability. With no oversight, the methods used cannot be assessed to determine if they are reasonable. Secrecy shields law enforcement from scrutiny. Law enforcement officers are public servants.  The prosecutor is a public servant. And the Delphi community and the girls' families and friends are also victims.The Delphi Voice Project is committed to advocating on behalf of Abby and Libby to ensure they posthumously receive procedural due process resulting in justice in the form of an arrest. We hope you join us.

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A Comment on Law Enforcement

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The investigators in the Delphi Murders seem to be fine people. They are certainly capable officers based on their experience and careers. Doug Carter, in particular, is a very endearing and caring person. No one doubts they want nothing more that to solve this case and bring justice to Abby and Libby, their families, the Delphi community and the State of Indiana. This project is not personal.

 

However, this case has undoubtedly taken an emotional toll on everyone involved. Intense emotions can sometimes engender a myopic perspective, impervious to insights readily apparent to a more objective observer. 

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