Back on February 26 we reported that defense counsel for Joseph Walker–the New Jersey cop who shot and killed Joseph Harvey Jr. in an apparent “road rage” incident in Maryland–had filed a motion to dismiss the first degree murder indictment against him on the grounds that the Grand Jury had been given “materially false and misleading testimony.”  You can see that story here:

Off-duty “Road Rage” Cop lawyer: Grand Jury given “materially false and misleading testimony”

Shortly thereafter I received a call from Walker’s lawyers offering to share with me their motion and the accompanying exhibits.  These are not confidential documents, but rather are public documents having been submitted to the trial court. Nevertheless, having them provided directly by counsel was a great convenience in accessing them.

Over the last few days I have been going through the attached exhibits, which consist mostly of transcripts of witness statements to police, as well as a brief report generated by the MD State Police themselves and a sketch of the shooting scene with the locations of the vehicles and other items.

Today I wrap up this series of “exposés” with the actual motion itself, as well as the transcript of the actual MD State Trooper testimony presented to the Grand Jury.

There’s little point to doing an in-depth analysis of these, as the documents speak largely for themselves, so have at them at your leisure.

First, the motion to dismiss:

Second the MD State Police testimony to the Grand Jury:

–-Andrew, @LawSelfDefense


Andrew F. Branca is an MA lawyer and the author of the seminal book “The Law of Self Defense, 2nd Edition,” available at the Law of Self Defense blog, Amazon.com (paperback and Kindle), Barnes & Noble (paperback and Nook), and elsewhere.