The Georgia Attorney General has now asked the GBI to investigate grand jury subpoenas issued by Howard's office in the Rayshard Brooks murder case.
Senior I-Team reporter Dale Russell says those grand jury subpoenas were issued by Howard’s office even though there was no grand jury in place.
In the aftermath of the deadly shooting of Rayshard Brooks at Wendy's restaurant, Fulton County District Attorney Paul Howard flew through the evidence to quickly file charges against Garrett Rolfe and Devin Brosnan.
But, the I-Team has learned there was more to Howard's investigation. We obtained a copy of a Grand Jury subpoena, sent from Howard's office to the Atlanta Police department isntructing them to turn over its "open investigation regarding Garrett Rolfe and the use of force incident."
The subpoena required that the documents be turned over for the "Grand Jury, June/July term on the of 14th day of July." Other grand jury subpoenas were issued for phone and surveillance camera videos.
But there is a problem. How can the grand jury issue these subpoenas when there is no grand jury. It had been suspended on March 13 because of the COVID-19 pandemic. And, legal experts we've talked to say Howard's grand jury subpoena with no grand jury in session could be an ethical or possibly criminal issue.
What are we doing? That is a violation of our ethical code of conduct," says GSU law professor Jessica Gable Cino
Gable Cino is a law professor who specializes in prosecutorial misconduct. She says not only does Paul Howard face ethical questions, but potentially legal problems as well.
"It would be a violation of criminal law to make a knowingly false statement or misrepresentation in the subpoena which is a document that has been issued," says Gable Cino.