Andrew Alston, the suspended University student charged with the second-degree murder of Walker Sisk in November, was indicted yesterday in Charlottesville Circuit Court.
A grand jury comprised of six Charlottesville residents heard evidence against Alston presented by Assistant Commonwealth Attorney Jon Zug before privately deliberating and returning a true bill of indictment.
The proceedings were closed to the public. Alston and his attorneys, Dana Slater, Jon Zwerling and Lisa Kemler, also were not permitted to attend.
A grand jury delivers a true bill of indictment if it determines there is probable cause that the accused party committed the crime. More often than not, juries find probable cause and deliver an indictment following grand jury hearings, Zug said.
Alston was arrested on a warrant in relation to the Nov. 8 stabbing of Sisk. A preliminary hearing in the Charlottesville General District Court Jan. 15 certified his warrant to the circuit court and set the date for yesterday's hearing. Grand juries hear evidence only from the prosecution and determine whether the case should go to trial. Juries are composed of random citizens rather than a judge.
"The hearing is an opportunity for the prosecution to present evidence to members of the community sitting on the jury," University Law Prof. Earl Duddley said.
The Commonwealth's Attorney's office and Alston's counsels have been working to pre-schedule the trial for some time in late August. Both sides expect it to be a multi-day trial, Slater said.
"It is going to be a long trial," Slater said. "There has been communication before today to set aside that time so everyone can have a fair chance to present their evidence to the jury."
Prior to Alston's trial, the defense may pursue bond hearings and motions hearings. Slater said a bond hearing is an important aspect of preparing Alston's defense.
"A bond would allow him to be free so that he can aid in his defense," Slater said. "Because he is in jail, he is not able to actively participate in meetings -- his liberties are definitely restricted there."
The defense also is working to regroup since Zwerling and Kemler officially were substituted for Alston's former attorneys Friday, Slater said.
"Substituting attorneys is not unusual -- it's nothing bad," Slater said. "We are going to take a fresh look at everything."
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