If a defendant is able to make a showing that the integrity of the grand jury process was impaired, an indictment will be dismissed.
However, prosecutors are not always required to bring exculpatory evidence to the grand jury's attention. It is not enough for dismissal of an indictment that false or deceptive evidence was presented to the grand jury.
Two further elements normally must be shown.
- Cases have required a showing that false or deceptive evidence was given to the grand jury knowingly and for the purpose of obtaining an indictment. Showing the Commonwealth's reckless disregard of the truth leading to the presentation of false or deceptive evidence could also warrant dismissal of an indictment.
- The defendant must show that the presentation of the false or deceptive evidence probably influenced the grand jury's determination to hand up an indictment.
This requires a showing not only that the evidence was material to the question of probable cause but that, on the entire grand jury record, the false or deceptive testimony probably made a difference. Thus the fact that intentionally or recklessly false or deceptive evidence concerns a material fact does not alone warrant dismissal of an indictment. The defendant must also show probable prejudice in the grand jury proceedings.