In a sign of the times, the New Jersey Supreme Court has held, in State v. Omar Vega-Larregui (A-33-20) (085288), that virtual grand juries are constitutional. NJ follows in the footsteps of five other states that also allow virtual grand juries Alaska, Georgia, Kentucky, South Carolina and Texas.
On Friday, the Eleventh Circuit Court of Appeals held, in Marion E. Pitch v. United States, that grand jury transcripts cannot be released even for significant historical purposes. The case arose from the lynching of two African-American couples in 1946 in Walton County, Georgia. The victims of the lynchings Roger and Dorothy Malcom and George and Mae Murray Dorsey were attacked by a white mob while in their car, shot multiple times, and then lynched. Despite numerous investigations by the FBI and a 106 people appearing before the grand jury no one was ever charged in this case which many consider one of the last mass lynchings in American history. In overturning the lower court, the Court of Appeals determined that in order to maintain grand jury secrecy transcripts from the proceedings can only be released in limited circumstances and historical significance is not one of them. The transcripts are currently held at the National Archives.
ABCnews.com: Court: Grand jury records from lynching can't be released
A grand juror, Leslie Lynn Heburn, a 37-year-old Miami woman, pled guilty to obstruction of justice and was sentenced to one year and a day in prison for revealing secret grand jury information. According to the article below, the grand juror passed along information via Facebook to the girlfriend of a felon charged with illegally dealing firearms. It is not entirely clear why the grand juror leaked this information; her attorney claimed that it was due to mental illness. While I am not sure you can pin Heburn's conviction solely on social media, I do wonder whether or not she would be in prison today had she performed her grand jury service 20 years ago rather than in the Digital Age.
MiamiHerald.com: She spilled grand jury secrets on Facebook. Now she’s going to prison for a year
Missouri, like most jurisdictions, prohibits grand jurors from discussing evidence presented before the grand jury. This in turn has led one grand juror to bring a legal action to allow him or her to talk about the Darren Wilson grand jury which declined to criminally indict Darren Wilson for killing Michael Brown. According to the article below, the grand juror wants to challenge the contention made by the St. Louis County Prosecuting Attorney Robert McCulloch that the grand jurors were unanimous in their decision not to charge Darren Wilson in Brown’s death.
STLtoday.com: Judge will allow federal suit by grand juror in Darren Wilson case to proceed
In light of the work by independent counsel, Robert Mueller, there has been an increased interest in better understanding grand juries and how they function. Here is a short article that provides a historical overview of the grand jury. I am also quoted in this article.
MentalFloss.com: What is a Grand Jury?
The article below criticizes a proposal in Oregon to record grand jury testimony. The author is a DA who previously served as president of the Oregon District Attorney's Association.
OregonLive.com: Recording Oregon's Grand Juries is Wrong
Here is an interesting article from an Ohio newspaper that describes the local grand jury process in Summit County. What I find so interesting about the article is the involvement of the prosecutor's office. Like many jurisdictions, the Summit County prosecutor attempts to indoctrinate grand jurors before they even hear the evidence. Here is a brief excerpt of the article describing the prosecutor's role in the grand jury process.
Each juror received a packet that included information on the grand jury process, victim services, the Summit County Prosecutor’s Office, definitions of legal terms, a list of commonly used acronyms (BAC, DV, OVI), an explanation of felony domestic violence cases, and a flow chart of Ohio’s judicial system. The chart shows the grand jury as the No. 6 step, with its function being to review felony charges to see if they should go to trial.
Juror No. 12 developed an information sheet that she distributed to her fellow jurors that explains the most commonly used drugs, both legal and illegal, what they are used for and what affect they have. (Her list has been added to the grand juror packets.)
The jurors learned they would report for jury duty at 8:30 a.m. Monday through Friday for two months, with the length of time each day depending on the number of cases. They would be paid $20 a day and would have free parking.
Jennifer Cline, the grand jury coordinator, made a solemn promise to the jurors to “keep them stocked with coffee.” This was welcome news to Juror No. 12, a big coffee fan.
The jurors heard from an Akron narcotics officer who gave them a crash course on drugs and weapons, a victim advocate, and Assistant Summit County Prosecutor Greg Peacock, who presides over the felony domestic violence court.
To read the article in full go here.
Ben Trachtenberg
One More Call to Respect the Time of Grand Jurors
Abstract:
More Grand Jury Reforms
Here is the latest example of a state attempting to improve how grand juries deal with officer-involved shootings. In this case it is Georgia which recently passed HB 941. This new bill, which awaits the governor's signature, makes the following changes:
(1) Limits the presence of law enforcement in the grand jury room
(2) Allows law enforcement to be cross examined by the prosecutor or grand jurors after they testify
(3) Requires the grand jury to issue a public report if it fails to indict
To read more about the bill go here.
Grand Juries and Law Enforcement
Following a small but growing national trend, Hennepin County has decided to stop sending officer involved shootings to grand juries. The decision on whether to indict police officers who were involved in shootings will now be made by prosecutors. To learn more about this change go here.