People v. Boston

Defendant was convicted of 1997 first-degree murder of his former girlfriend.  Defendant was charged in 2005 with murder, after a bloody palm print discovered at crime scene was shown to match Defendant's palm print obtained by State through grand jury subpoena. Information provided by State to grand jury was sufficiently tied to Defendant to hold there was individualized suspicion to warrant grand jury subpoena. Defendant failed to show that he was prejudiced in any way by grand jury process employed by State to obtain palm prints.  Grand jury that indicted Defendant heard evidence from police that palm print discovered at crime scene matched Defendant's. Nothing in record indicates that when grand jury issued subpoena that it was asked to grant agency powers, or that it had granted ASA or police detectives agency powers.  Court properly denied Defendant's motion to quash subpoena and suppress palm print evidence. (GARMAN, FREEMAN, THOMAS, KILBRIDE, and KARMEIER, concurring.)