Berardi

George H. Berardi filed a pretrial motion to dismiss a grand jury indictment charging him with murder and conspiracy to commit murder. The trial court denied the motion, and Berardi petitioned for writ of mandate, requesting that the trial court be ordered to grant his dismissal motion. He contends dismissal is required under Penal Code section 939.71 because the prosecution failed to properly and fully notify the grand jury of the existence of exculpatory evidence. He also asserts dismissal is required on due process grounds, contending the prosecution engaged in continuous misconduct throughout the course of the proceedings against him.

In ruling on Berardi’s dismissal motion, the trial court found the prosecution had not fully complied with its duty to disclose exculpatory evidence. However, the court declined to dismiss the indictment because it concluded there was no substantial prejudice to Berardi’s rights. Berardi challenges this ruling, arguing he was not required to show prejudice. Alternatively, he contends prejudice should be evaluated under the harmless beyond a reasonable doubt standard and the record shows prejudice.

We reject Berardi’s argument he was…