Unsealed transcripts show prosecutorial misconduct that sank Broadview Six case

Grand jury transcripts in the Broadview Six case were released Tuesday, June 9, revealing the prosecutorial errors that led a federal judge to dismiss all charges against four protesters in late May.

The case stemmed from a September 2024 protest outside the U.S. Immigration and Customs Enforcement processing facility in Broadview. Six protesters — Kat Abughazaleh, Michael Rabbitt, Andre Martin, Brian Strawbegan, Cat Sharp and Jocelyn Walsh — were originally indicted in a felony conspiracy case. Prosecutors dropped charges against Sharp and Walsh in March. The other four faced a misdemeanor charge of “impeding” a federal officer.

After the defendants’ attorneys pushed for a review, U.S. District Judge April Perry examined the grand jury transcripts. She found prosecutors had made “errors” during the proceedings.

What the transcripts show:

• Prosecutors engaged in “vouching.” In the Oct. 9 grand jury session, Assistant U.S. Attorney Sheri Mecklenburg told jurors: “I know you and I trust you and you know me and you trust me, and I would never ask you to charge somebody if I didn’t think there was probable cause.” Prosecutors are not supposed to ask grand juries to trust them personally; jurors should decide based on facts alone.

• The grand jury initially rejected the charges. The Oct. 9 presentation did not result in an indictment. Prosecutors returned Oct. 16 with additional witness testimony and legal instruction. Mecklenburg told the grand jury: “If you did not get an indictment, I did not do my job. I did not explain it to you well enough.”

• Improper juror dismissal. Judge Perry found that prosecutors improperly dismissed jurors during the proceedings.

• Off-the-record juror contact. One prosecutor had an improper interaction with a juror outside the grand jury room, according to defense attorneys’ account of Perry’s closed-door hearing with prosecutors and defendants’ attorneys.

After Perry’s review, prosecutors dropped all remaining charges against the four defendants.

Defense attorneys have pushed for the transcripts to be made public, arguing they reveal concerning behavior from top law enforcement officials. The release Tuesday makes the grand jury proceedings — typically conducted in secret — available for public scrutiny.

The U.S. Attorney’s office has not commented on the released transcripts.