From: Vlllafana, Ann Marie C. (USAFLS) Sent: Monday, February 25, 2008 9:59 AM To: Miller, Caroline (USAFLS) Subject: Question regarding use of Grand Jury Hi Caroline — I have received two conflicting points of view regarding this question, so I thought 1 should ask the expert. Here is my situation: I have been involved in a long-term investigation of a child exploitation case. Throughout the investigation, I have presented evidence and testimony to Grand Jury A. Some of that evidence and testimony related to six victims (of a total of 19 victims), including the live testimony of one of those victims. I also began presenting evidence related to what I called a "draft proposed indictment." For various reasons, the indictment has been delayed about 9 months. And, for other strategic reasons, we have decided to drop the six victims referenced above, and replaced them with a different six victims. The question is now raised as to whether I should continue presenting to Grand Jury A, with a 404(b)-type instruction related to the evidence of the six dropped victims and some sort of instruction regarding the initial "draft proposed indictment", or whether I should present to Grand Jury B, excluding any testimony regarding those six victims. One other consideration — Grand Jury A is due to expire in August, and I anticipate that the investigation will continue for quite some time after indictment. It is possible that the 6 dropped victims will be re-added in a superseding indictment. Thank you. A. Marie Villafaila Assistant U.S. Attorney 500 S. Australian Ave, Suite 400 West Palm Beach, FL 33401 Phone 561 209-1047 Fax 561 820-8777 Tracking: 1547 08-80736-CV-MARRA P-014624 EFTA00225122