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In Re: Grand Jury V., 1st Cir. (1994)
In Re: Grand Jury V., 1st Cir. (1994)
____________________
No. 94-1705
IN RE:
GRAND JURY PROCEEDINGS.
____________________
APPEAL FROM THE UNITED STATES DISTRICT COURT
FOR THE DISTRICT OF MASSACHUSETTS
[Hon. Mark L. Wolf, U.S. District Judge]
___________________
____________________
Before
Torruella, Selya and Cyr,
Circuit Judges.
______________
____________________
__________________
Attorney, on brief for appellee.
____________________
July 22, 1994
____________________
Per Curiam.
__________
of
the district
refusing,
court
despite a
witness before
grant
of
a grand jury.
in
civil contempt
immunity,
See 28
___
an order
to testify
U.S.C.
for
as
1826(a).
a
The
for delay,
granted appellant's
to
questioning of
testify
position
because
him would
is
the
request for
bail
1826(b).
that he
should
government's
constitute an abuse
not
be
intended
of the
grand
jury
to
process.
appellant, for
primary
purpose
of
use evidence
primarily
omitted).
Cir. 1976);
helping
The
the
61,
prepare
prosecutor at a trial,
however,
gained
from
crimes."
70
(1st
for the
prosecution
incidentally
814 F.2d
in the
investigating other
Proceedings,
___________
of assisting
Cir.
-2-
Standing
________
jury
In re Grand Jury
__________________
1987)
(citation
Cir. 1972).
grand
1273 (1st
The threshold
question,
argued at
length by
the
the
Appellant is
legitimacy
of
a mere witness,
jury's investigation
nor a
the
grand
jury's
neither a target of
defendant named
inquiry.
the grand
in the
pending
indictment.
The Supreme Court in United States v. Calandra, 414
_____________
________
U.S. 338 (1974),
'to
challenge the
jury' or 'to
jury
250
statement
Supreme
is not "entitled
the court
or of
U.S. 273,
could well
at 345
282
be
read
one court
has
so
the grand
(quoting Blair
_____
(1919)).
language.
197,
authority of
may conduct.'"
States,
______
least
v. United
______
On its
face,
this
the
view of
the
challenge is precluded.
At
to signal
interpreted
the
Supreme
unwarranted
interference
Court's
F. Supp.
the
smooth
and
effective
the
Santiago, supra,
________ _____
claim
other hand,
533 F.2d at
to prepare a
this
court
730, did
in In re Maury
_____________
consider a
witness'
to harass the
-3-
witness
for
recalcitrant
his
witness
composition of
jury's
subject
investigation
matter
lacks
did
jurisdiction
concern
of the
this
,"
matters
federal
grand
denied
or
within the
courts.
Id.
__
prevent
and rejected
Id.
__
case,
for the
reasons
we
not
the
will discuss
whether
the
the grand
jury to
courts . . . retain
we entertained
that
challenge
or to contend that
over the
process . . .
noted
to
We
standing
not
supervisory power
abuse of its
beliefs.
Nevertheless,
general
political
Consequently,
See Norton v.
___________
has
to be
jurisdiction,
the
The Merits
__________
of grand
merits.
jury abuse,
In response to
the district
to file a sealed,
ex parte affidavit
________
The
reasoned
court
that
have the
the pending
"[i]n
view
of
-4-
[appellant's]
evident lack
of standing
and the
legitimate
more elaborate
procedure for
determining
of this case."
After reviewing
[appellant's]
testimony
solely
or
primarily to obtain evidence to be used
in prosecuting the pending cases against
other individuals.
Rather, it appears
that
the
grand
jury
is
properly
investigating individuals who are not now
the subject of any indictment, as well as
possible
additional, serious
charges
against some current defendants.
There
does,
however,
appear to
be
some
relationship between some of the matters
being
investigated
and
the pending
charges against some present defendants."
We
have
affidavit.
indeed
We agree
demonstrate
government's
crimes
carefully
than
the
questioning
other
reviewed
the
of
court that
primary
appellant
those charged
in
prosecution's
purpose
is
the
to
it does
of
the
investigate
indictment, both
It
that there
the
charges
is
true, as
is an overlap
contained
the district
court acknowledged,
the
-5-
pending
matters and
indictment.
The
aid it in prosecuting
that indictment.
prosecutor at
gained
from
crimes."
70.
a trial
a
grand
not --
about
"[t]he
. . .
may use
jury
primarily
this,
since
evidence incidentally
investigating
Should
current
objectionable
purposes that it is
other
F.2d at
despite our
767 F.2d
26, 30
no
also
agree
with
the
district
court
that
was
circumstances of
an
this
adequate
case, to
procedure,
probe
under
whether or
not
the
the
an opportunity to contest
the contents
is manifest.
conduct a
requirement that
"minitrial" in
the
such circumstances
for secrecy
district court
would tend
to
-6-
disrupt the
smooth and
effective functioning
jury process.
Especially given
prosecution's
affidavit,
necessary here.
no
of the
grand
extended
procedure
was
F.2d at 72-73.
The order of the district court is affirmed.
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