People v. Basile

This case presents question as to whether trial court properly dismissed with prejudice defendant’s indictment charging him with criminal sexual abuse, where defendant alleged in motion to dismiss indictment that police detective gave grand jury false impression that defendant had confessed to sexually assaulting victim. Appellate Court, in affirming trial court, observed that defendant was not required to show that detective acted intentionally in presenting deceptive or misleading evidence to grand jury and further found that defendant suffered actual prejudice from detective’s false testimony, such that dismissal of indictment was warranted, especially where other evidence linking defendant to charged offense was weak. In its petition for leave to appeal, State argued that defendant was required to show that detective acted intentionally in presenting any deceptive testimony, that said testimony was not actually deceptive, and that any dismissal of indictment should have been without prejudice.