(USAFLS) From: (USAFLS) Sent: n aiiiiriary 25. 2008 11 24 AM To: (USAFLS) Subject: uestion regarding use of Grand Jury Thank you. &reline. It is most appreciated. I Mark' rub:law Assistantli.S. Atturne) 500 S. Australian Ave. Suite 400 West Palm Beach. FL 33401 Phone 561 209-1047 Fax From: M, (USAFLS) Sett : nd F 5, 2008 11:23 AM To: (USAFLS) Sub ect: 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' requirement to give 1404(b) tape instruction. Let's not forget dig the role of the grand is to investigate, and it is wholly apEropriate that I grand jury in good faith pursued I line of investigation that does not lead to indictment. That is 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 Perhaps you can simply tell them that the old draft II proposed indictment is being withdrawn, and ifferent set of facts is being pursued, and ask them if they can set aside what they heard previously, and base determination of probable cause solely on the new evidence. If any of them indicat inability to do so, perha they should li excused from consideration of this case; if that leaves you without I quorum, then you have I basis to go to I new grand jury. I hope this helps; I'm available by phone as well. Cctralitie, 1546 08-80736-CV-MARRA I-014623 EFTA00223767