Nogales, Ariz. (KVOA) – Grand juries can be an important tool in the criminal justice system.

It is a public committee that decides whether a suspect should be criminally prosecuted.

There is no grand jury procedure in Santa Cruz County. This was first brought up at George Allan Kelly’s preliminary hearing last month.

Kelly was charged with second-degree murder and two counts of aggravated assault after being charged by the state with the murder of an illegal immigrant at his ranch in Kino Springs in late January.

His case received national attention.

During a preliminary hearing by a magistrate last month, attorney Brenna Larkin went out of her way to question why the case never went to a grand jury.

“The state can bring this case to the state.” Spectacular Jurors, preliminary trials are not like that. I urge the court to treat this case like any other,” she said.

But state prosecutor Kim Huntley quickly fought back and explained why that didn’t happen.

“It’s not a process available to us. I’m sure the state would like our county to have that ability, and that’s certainly something we’ve discussed with the courts, but we don’t have the ability to do that. This case would be the best case.” Spectacular Tell the jury straight,” she said.

A magistrate continues to search for a probable cause, and Kelly is now awaiting trial.

News4’s Tucson investigators have contacted the Santa Cruz County Court multiple times to discuss why the grand jury system is not in place and whether it should be considered. There was no reply.

Luis Fidel is the experienced attorney for Piccarreta Davis Keenan Fidel in Pima County, where the grand jury system has long existed. He thinks the lack of that option is problematic.

“Preliminary hearings are a more complex process, which makes things even more complicated for parties involved in the criminal justice system,” he said.

But N4T investigators have discovered that the Santa Cruz County defense attorney we spoke to actually wants to have no grand jury.

Nogales attorney Louie Parra believes there is little need to call a grand jury because courts are fairly closed compared to larger counties.

“The crime rate here in Santa Cruz County isn’t as high as it is in the state or anywhere else in the country,” Parra said.

And as a defense attorney, he prefers preliminary hearings because a grand jury is a closed-door proceeding involving only the prosecution, while a preliminary hearing allows the defense to present their own evidence and cross-examine witnesses.

“We want all the transparency in the world when it comes to being able to present evidence and call witnesses,” he said.

Another Nogales attorney named George Damon agrees. He believes grand juries are more expensive and complicated than they are worth for a small county like Santa Cruz County.

“It’s a small county, so everybody knows each other, so there’s conflict. There are other problems. People don’t want to be on the jury, they’re not qualified, they’re not citizens,” he said.

Kelly’s trial is scheduled for September 6.

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