On the surface, it appears Boulder police and the district attorney's office have reached an impasse in the homicide investigation. Nevertheless, District Attorney Alex Hunter has still not ruled out the possibility of taking evidence to a grand jury, which could either indict in the case or issue a report in absence of an indictment. A grand jury was impaneled at the beginning of the year, but not for any case in particular, officials have said.
Prosecutors have several advantages in using the grand jury.
Perhaps the biggest advantage is the fact that defense attorneys are not allowed to be present during the proceedings. It is considered relatively easy to get an indictment through a grand jury. Some Colorado prosecutors said a decision to use a grand jury indicates nothing. It doesn't necessarily mean a case is weak. Nor does it mean police lack evidence.