Yesterday, it was announced by prosecutors in Las Vegas that a recently impaneled Grand Jury did not return an indictment against Nick Diaz in connection with domestic violence allegations against the former champion, leading to an arrest back on May 24 of this year. So, what does that mean?
In certain serious criminal cases, before proceeding to trial, the prosecutor in a case must impanel a Grand Jury and have that Grand Jury return an indictment against a defendant. Now, the specific rules surrounding this process vary state by state. But the basic premise is that in cases that are very serious, the defendant should be afforded an extra layer of protection before being put on trial, since the consequences in those cases can be severe, obviously.
The Grand Jury is not a trial jury. The burden of proof is not “beyond a reasonable doubt.” It is much lower, typically referred to as “reasonable cause.” Simply, the Grand Jury must decide whether or not there is enough evidence to put a defendant on trial. In Diaz’s case, it seems that the prosecutors could not present sufficient evidence to a Grand Jury to indict Diaz. This is great for Diaz and illustrates the weakness of the case against him. After all, typically in Grand Jury proceedings, the defendant does not testify, the defendant’s lawyers cannot make any arguments and it’s an entirely secret proceeding. If, under those circumstances, combined with the reduced standard of proof required to indict, the prosecutor still could not indict Diaz, the case is likely a non-starter.
However, the prosecutor in Diaz’s case is electing to move forward with the case and try to present it to a judge for a preliminary hearing. This is basically a hearing where a judge will decide whether the case can still go forward. This is wrong. The prosecutors seem to be disregarding what the Grand Jury says in efforts to move forward against a high-profile defendant in a high-profile case. That is not the purpose of our criminal justice system. The case against Nick Diaz should be dropped, but it has not been just yet.
However, Diaz and his team can certainly find solace in that his case seems to be falling apart. And if he elects to do so, Diaz will likely be able to return to the Octagon before he knows it.
