Monday, September 16, 2013

Editorial (Tulare) Grand jury

September 13, 2013 6:00 AM
Editor,

As a former member and foreman of the Tulare County Grand Jury, I was amused at Interim Publisher Rick Elkins’ article about the Grand Jury.

It appears the jury did exactly what it was supposed to do: inquire, investigate if necessary and report if appropriate.

All activity conducted in the jury room is secret and may not be disclosed.

Each juror takes an oath when impaneled, which includes the following.

“I will not disclose any evidence brought before the grand jury, nor anything which I or any other grand juror may say, nor the manner in which I or any other grand juror may have voted on any matter before the grand jury. I will keep the charge that will be given to me by the court.”

If an investigation is handed to the district attorney, you would have no way of knowing, and should not, because of the possibility of interfering with the investigation.

The reason for an investigation can be a citizen’s complaint, information gleaned from the media or one or more jurors suggestions, which would have to be voted on. An investigation can be carried over to the next jury if the court deems it necessary.

Three persons are named in the article. Although only one person was quoted directly, it appears all gave information to the Recorder about their interviews with the grand jury.

Each person witnessing before the Grand Jury is admonished by the court. (A written admonishment that prohibits them from discussing what questions, subject matter, or other information they discussed that day) If any of these three discussed the events of the session they attended, they could have violated the law.

The article also cites the jurors serve two-year terms. The jurors serve a one-year term and may at the court’s discretion be held over for a second term. They may serve a maximum of two years. The court must hold over one juror, but in Tulare County they usually hold over three to five jurors for a second term.

For more information, see California Penal Code Title 4 (888-939) or contact the California Grand Jury Association.

Bill White
Springville

http://www.recorderonline.com/articles/grand-58375-jury-elkins.html

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