Villafana, Ann Marie C. (USAFLS) From: Villafana, Ann Marie C. (USAFLS) Sent: ay, February 25, 2008 11:24 AM To: , Caroline (USAFLS) Subject: : uestion regarding use of Grand Jury Thank you. Caroline. It is most appreciated. A. Marie rillalitna Assistant U.S. Attorney 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax 561 820-8777 From: Caroline (USAFLS) Sent: Mon ay, February 25, 2008 11:23 AM To: Villafana, Ann Marie C. (USAFLS) Subject: RE: Question regarding use of Grand Jury Marie: I see no need to change grand juries. Indeed, changing grand juries might suggest that something untoward occurred, which is not the case. Nor do I see a requirement to give a 404(6) type instruction. Let's not forget that the role of the grand is to investigate, and it is wholly appropriate that a grand jury in good faith pursued a line of investigathin that does not lead to indictment. That is a very different matter from presenting information pursuant to 404(b), to prove motive, lack of accident, etc. I share your instinct that just dropping six victims, and the draft proposed indictment, might call for some explanation, or at least acknowledgement, to the grand jury. It's always dicey, and not really desirable, to explain and share legal strategies with the grand jury. Perhaps you can simply tell them that the old draft proposed indictment is being withdrawn, and a different set of facts is being pursued, and ask them if they can set aside what they heard previously, and base a determination of probable cause solely on the new evidence. If any of them indicate inability to do so, perhaps they should be excused from consideration of this case; if that leaves you without a quorum, then you have a basis to go to a new grand jury.' I hope this helps; I'm available by phone as well. Carcrlime., EXHIBIT B-112 1546 08-80736-CV-MARRA P-014623 EFTA00225121