Purpose of Grand Jury Proceeding In North Carolina

The purpose of the grand jury proceeding is to determine whether probable cause to bring charges exists. N.C. Gen. Stat. 15A-628(a)(1) (1999). "The nature and character of the evidence presented to the grand jury is by statute secret." State v. Jones, 85 N.C. App. 56, 69, 354 S.E.2d 251, 258, disc. reviews denied, 320 N.C. 173-74, 358 S.E.2d 61-62, cert. denied, 484 U.S. 969, 108 S. Ct. 465, 98 L. Ed. 2d 404 (1987). However, the defendant is protected "'by his right to object to improper evidence and cross-examine the witnesses presented against him at trial.'" Id. (quoting State v. Porter, 303 N.C. 680, 689, 281 S.E.2d 377, 384 (1981)). The admissibility of evidence is governed by a threshold inquiry into its relevance. N.C. Gen. Stat. 8C-1, Rules 401-403 (1999). In order to be relevant, the evidence must have a "logical tendency to prove any fact that is of consequence" in the case being litigated. State v. Wallace, 104 N.C. App. 498, 502, 410 S.E.2d 226, 228 (1991), dismissal allowed and disc. review denied, 331 N.C. 290, 416 S.E.2d 398, cert. denied, 506 U.S. 915, 121 L. Ed. 2d 241, 113 S. Ct. 321 (1992).