Complaint No. 1778957445 - 1135745313

Grand Jury Contamination / Prejudicial Statements / Improper Juror Contact

On May 15, 2026, Wyoming federal judges dismissed nine felony indictments, including one first-degree murder case, after finding prosecutorial misconduct arising from Interim U.S. Attorney and U.S. Attorney nominee Darin Smith’s conduct before a federal grand jury. The judges found that Smith made “inflammatory and inappropriate” statements to grand jurors, including referring to defendants as “murderers” and “bad people,” characterizing cases as “slam dunks,” and suggesting deliberations would not take long. The reported conduct also included handing out business cards to grand jurors and inviting them to contact him, which the court described as an effort that appeared to curry favor and risk improper ex parte contact. 

This conduct compromised the independence of the grand jury, created a false aura of guilt before probable cause was independently determined, and resulted in the dismissal of felony indictments without prejudice. The misconduct is Brady/Giglio material because it directly bears on prosecutorial candor, fairness, constitutional process, grand-jury integrity, abuse of authority, and the reliability of any prosecution affected by the same office, personnel, or practices. Defense filings further alleged that the misconduct was known within the U.S. Attorney’s Office before disclosure, raising additional concerns of institutional suppression and systemic failure.