Nassau County Court Judge Peck had made a determination that Assistant District Attorney Michael Bushwack had improperly manipulated a grand jury to change it’s decision in a case after it had voted to drop two charges against a defendant named Ryan Draper, in the case of People vs. Draper, Indictment No.: 894N-11.
Motion to Reargue
The Nassau County District Attorney’s Office brought a motion to reargue the Judge’s decision. Judge Peck reviewed the Motion but stated in the Motion’s Decision he was still convinced that the incident involving the defendant, Ryan Draper was anything other than a simple accident. District Attorney Kathleen Rice is upset with Judge Peck’s decision. She has indicated that she would appeal Judge Peck’s decision. Judge Peck stated he based his decision on the case of People vs. Montanez. A case where the court disapproved an Assistant District Attorney’s intervention in grand jury deliberations. Judge Peck claimed in the Draper case, the prosecutor re-entered the grand jury room and gave additional instructions to the grand jury without seeking judicial permission from the court.
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