Lou Smit and I both testified before the grand jury, and we were among the last witnesses. He went before the panel on March 11, 1999. My own testimony was heard on April 26 and 27. Smit had requested he be allowed to testify, but his participation was rebuffed by prosecutor Michael Kane, who also ordered him to turn over all of the material he had gathered. With the help of other prosecutors he knew around the state, who respected him and agreed that the grand jury was not listening to all relevant evidence, Smit got both rulings reversed. It was my impression that it was not the prosecuting attorneys but the grand jurors themselves who wanted to hear from both of us.
Since grand jury proceedings are held in secret, I dont know what Smit testified to or whether it conformed to what I said. But a number of media sources wrote of a general consensus that what we both told the grand jurors focused them to their final result.
Bryan Morgan had called to tell me the grand jury wanted me to testify and to bring any notes I had.
I told them you didnt have any notes, he said.
I do have notes, I said.
You do?
I did bring them with me; and when I got in the grand jury room, they let me read my notes pretty much verbatim into the record, including my candid observations on many of the key players.
Two of the grand jurors had backgrounds in science, so I knew it would be important to explain to them what I did and how we had developed the discipline. I recall one member asking me something like, What if we told you there was evidence that two people were involved in this crime?
Ive investigated and testified in cases in which I thought there were two people involved, I replied, but I dont see it here. Then I added, But if you actually have the evidence you mention, then why am I here? Why are you talking to me? Go with your evidence.
He backed off.On October 13, 1999, the grand jury and Alex Hunter announced they had found insufficient evidence to indict anyone in the murder of JonBenét Ramsey. Since Colorado law specified that a true bill of indictment must be signed by both the jury foreman and the district attorney, it remained ambiguous which party had led the way in not indicting the Ramseys or anyone else.
Law and Disorder, John Douglas, pages 206 - 207
