The State’s case fell apart back in September after the Judge ruled that the prosecution’s main piece of evidence, a series of letters between the developer and his former business partners, were merely “settlement negotiations,” which are inadmissible as a matter of law. Because the letters were originally presented to the grand jury, the case is being remanded for a redetermination of probable cause.
The firm obtained the order to remand the case based on a Motion in Limine ruling back in September. The State’s case depends on an allegation that the letters show that the developer resigned from management of an LLC. In connection with the ruling in September, the judge held as a matter of law that the letters were conditional settlement offers and therefore inadmissible. The firm moved for remand to the grand jury on the grounds that the State presented those letters to the grand jury as evidence that the developer had issued a letter of resignation, and because that evidence is inadmissible, the Court remanded the case to the grand jury to determine whether there is probable cause for the prosecution to proceed.