Defense attorney: Use of grand jury in case is odd - wave3.com-Louisville News, Weather & Sports

Defense attorney: Use of grand jury in case is odd

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The creek where the bodies were discovered. The creek where the bodies were discovered.
Pat Renn Pat Renn
Keith Henderson Keith Henderson
Brandon and Katelyn Clutter Brandon and Katelyn Clutter

NEW ALBANY, IN (WAVE) - The deaths of a New Albany mother and her two children has been unusual from the start. Police concluded she drowned the children and then somehow drowned herself in March.

A Floyd County grand jury started investigating this week, despite police saying in May that they knew how Jaime, 35, Brandon, 10, and Katelyn Clutter, 6 months, died. It indicates that there's a rift growing between police and prosecutors in New Albany.

[PREVIOUS STORY: Police to release new information in Clutter family deaths]

Friday, a subpoena arrived at WAVE 3 asking to hear what police told us they'd concluded in a May 17 news conference. The prosecutor's office and New Albany police department are just a few hundred yards away from each other.

"It's a truly unusual situation where you're going to have the prosecutors to convene a grand jury, bring in citizens, place them under oath and ask them statements that have already been given by the police department," said defense attorney Pat Renn, who's not involved in this case.

[PREVIOUS STORY: Clutter family mourned by hundreds]

Renn said grand juries are rarely used in Indiana and that one is being used in this case is even odder, Renn said.

"The real unusual situation here is the person the police reports and police have identified as being the perpetrator is now deceased," Renn said.

[PREVIOUS STORY: New Albany man struggling with deaths of wife and 2 children]

Floyd County Prosecutor Keith Henderson said the grand jury is not targeting any living person. He couldn't say more because the work of the grand jury is secret, but said it probably wouldn't be happening if there had been better communication between police and his office.

Police said they wouldn't comment because the grand jury is still at work.

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