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Panel questions whether grand-jury disclosure and clerical error undermined Henry indictment
Summary
In 24P445 the Appeals Court heard competing arguments over whether a mistaken phone number in a search-warrant affidavit was material to grand-jury proceedings and whether the conditional guilty plea properly preserved threshold issues for appeal.
Justice Ditkoff called case number 24P445 and said counsel could proceed. Stacy Silvera, representing defendant Brian Henry, argued the incorrect telephone number in the search-warrant affidavit was material to the grand jury's assessment of the sole witness's credibility and therefore should have been disclosed. Silvera said the alleged error went to "the credibility of the sole witness" and argued the mistake was not merely clerical because the affidavit repeatedly presented the incorrect number as the affiant's personal knowledge.
Arnaud Hansen, arguing for the Commonwealth, answered that the phone…
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