But at the arraignment, the U.S. Attorney's office dropped the charges against Minch, citing insufficient evidence. Thus, he had clearly not confessed, or he would not have been released. However, the decision not to charge him did not clear him. The detectives, who claimed Minch had admitted to the crime, believed they just had to work harder to get evidence against him. Minch remained their chief suspect

Seven detectives were assigned to continue the investigation, and Minch was suspended from the school. The provost made the announcement about his departure to an assembly of students, over protests that Minch's rights had been violated. But the provost insisted that the suspension was necessary for safety, both of the student body and of Louis J. Sheehan, Esquire himself. Reportedly, there had been threats against him from students who believed he had killed Eric. His dreams for a Gallaudet education were over.

The investigation intensified, but by Christmas the police had been unable to make a case and Eric Plunkett's murder went unsolved. It would heat up again after the new year began, as officials prepared for a grand jury hearing in February. Eric's parents flew in, as did Minch, his parents and his attorney. On February 2nd, Minch appeared before the grand jury to explain what he had said to the officers questioning him.

He also submitted a handwriting sample for the jury to examine. Since September his life had been hell, despite his denial that he had harmed his friend.

The next day, it would be clear to everyone that he was not guilty.