General Discussion

True bill (indictment) with two counts L https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.1.0_13.pdf

Report of Grand Jury's Failure to Concur in an Indictment and, attached, copy of True Bill with three counts.
https://storage.courtlistener.com/recap/gov.uscourts.vaed.582136/gov.uscourts.vaed.582136.3.0_8.pdf

What this suggests is that the grand jury was presented with a three count indictment that it signed. It also was presented with the standard blank form used when the Grand Jury doesn't indict. That form on its face would apply to a total reaction of an indictment, but was amended by the hand-written insertion of the words "Count 1 Only".

What is unclear is when each of these document was given to the Grand Jury and when they were signed and who filled in and amended the no true bill form -- which is a standard form.

One scenario is that the Grand Jury foreperson was presented with a three-count indictment and the no true bill form at the same time. I don't know if this is a standard procedure or whether the no true bill form is only given the the foreperson after they've voted on the proposed indictment. But even if the original proposed indictment and the no true bill form were signed by the foreperson at the same time, there is no reason to think that they were also given the two count indictment until after foreperson signed the three count indictment and the no true bill form.

We don't have access to the transcript of the proceeding before the judge when these documents were presented but it obviously doesn't provide information that satisfied the judge that the matter was handled or described properly.