In legal papers asking the appeals court to uphold Smithson's decision, Kenna's lawyer, Jack Arseneault, says the judge acted properly in finding prosecutorial misconduct and within the scope of the law in finding that the grand jury proceedings had gone too far. Robert Galantucci, a lawyer for Hogan, said his client was asking only for fairness and the same treatment as any other defendant. Galantucci's legal papers were not immediately available. It is unclear how long the appeals court will take to rule, but the criminal proceeding is far from over. The U.S. Attorney's Office launched a separate probe after Smithson's dismissal of the turnpike shooting case to determine whether it should bring federal civil rights charges.
Controversy continues over racial profiling.
This week, the Attorney General's Office released more than 90,000 documents showing that state officials have been grappling with the issue for more than a decade. A legislative committee is expected to hold hearings on the matter next year.