Prosecutors only secured an indictment after multiple attempts over three separate days and a visit from Chicago's U.S. Attorney Andrew Boutros, asking grand jurors if they had any issues being impartial with immigration or other types of cases, according to a rare "Special Report" released by his office.
Defense attorneys claim prosecutorial misconduct, saying Assistant U.S. Attorney Sheri Mecklenburg "vouched" for evidence, making improper claims about its strength.
She said to the grand jury, "I know you and I trust you, and you know me and you trust me, and I would never ask you to charge somebody if I didn't think there was probable cause and you know you've asked me before, 'Well, what about this person?' And I said, I don't charge people unless I'm absolutely sure."
Defense attorneys say Mecklenburg also improperly excused grand jurors who disagreed with the case.
By the third attempt to indict, Mecklenburg also admitted to speaking to two grand jurors outside of grand jury proceedings about the case: "Before we start, I have to do a mia culpa, because I'm the one who knows the rules, and I did something today that I'm not supposed to do. I had conversations with two Grand Jurors outside of the Grand Jury room. So, I need to put it on the record."
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And by the third day her approach appeared to change, saying, "I showed you the video, gave you the testimony, and you draw your conclusions."
These are just a few of the allegations against the U.S. Attorney's Office, among improperly testifying, improper instruction on the law and more.
Judge April Perry, who ruled to release the transcripts, said when she initially read them, "I have never seen the types of prosecutorial behavior before a grand jury that I saw in those transcripts," adding those actions could lead to sanctions for prosecutorial misconduct.
U.S. Attorney Boutros dismissed this case days before it was set to go to trial, saying he has instituted reforms to the office regarding the grand jury process. Boutros said publicly he only appeared in front of the grand jury after informing the chief judge.