Hello my name is Christopher,
I served for six months on a Carroll County Grand Jury. I studied hard, learning all I could before going in. I was surprised how scant the information was. I put together many bits & pieces from many historical sources. Maybe someday I'll write them all together coherently.
Ninety eight percent of American criminal prosecutions are plea bargained. For one alleged offence or act, the State's Attorney, or District Attorney, piles on all sorts of charges and asks the Grand Jury to vote on the indictments while he leaves the room. In one case, the man had twenty-one charges based on one act. As the Jury Foreman read each charge and hands went up to vote I was appalled that they were rubber stamping everything the State's Attorney asked for. I interrupted and explained the old shield & sword line. I explained how so many People plea deal and don't offer any defense.
With these high statistics, I bet innocent People admit guilt to keep from being sentenced for decades and just get a few months instead. I suggested that we choose two or three charges to vote on for indictment. After that, way fewer hands were going up each time we convened; once every month for six months. Twenty-three Grand Jurors with two alternates. A vote of twelve for an indictment or presentment.
I suggested that we vote to exonerate the suspect on the charges that we did not indict on. None were in support of me. Prosecutors are known to bring charges repeatedly before many Grand Juries seeking indictment, especially in Income Tax cases. The SCOTUS says it's not Double Jeopardy until after at least one trial. If you are ever a Grand Juror on an Income Tax case get them to exonerate!
The Prosecutor was sloppy and I constantly pointed out that he brought no witnesses before us. He would bring police from different departments which seemed he knew well for quite some time. They would pose as witnesses, reciting snippets of other officers on the scene written from various witnesses. As I sparred with the prosecutor I often asked "where are these witnesses these officers tell us about?" I asked several of the officers why they are testifying since none of them were on the scene and their testimony is void and second hand.
The Prosecutor asked angrily what I was trying to do. He asked if I wanted to go see the Judge that sworn us in. I suggested that he could try to get the Judge to visit the Grand Jury if he liked. I wrote the list of names down that he told us had witnessed the crime and I got up; walked right up to him and told him "the Grand Jury orders you to summon these witnesses that you brought to our attention."
Then he says it's a waste of time; they're crack heads that probably won't come. I asked why he was discrediting his phantom witnesses? We inspected the County Detention Center and I asked all sorts of probing questions that the Warden was reluctant to answer. I asked about restraining of inmates. I knew what mid-evil devices they had and he tried to keep it from me.
I asked particularly about 'the turtle.' A green sleeping bag type straight jacket with a black hood. He was more shocked when I asked to see 'the turtle' "restraining chair" and "the rack". I sat on the restraining chair with it's hard plastic seat with rounded type spikes all over it. It was painful. I placed my arm on the arm rest and lightly pulled the nylon strap and my arm was extremely snugly in place with the strap seriously squeezing my forearm flesh.
The Warden said you shouldn't have done that! I need to go get the key to release it. I said go ahead I'll wait. He said it's dangerous and that it could cut off circulation. One female Juror gasped as my forearm quickly went purple. It looked like they could restrain you flat and spin you around up and down and upside down.
When I served as a Carroll County Maryland Grand Jurist, we only saw Judge Galloway once. All he did was swear us in and appoint our Jury Foreman. The Grand Jury ought to have appointed it's own Foreman. He only set a vague brief spiel on the purpose of the Grand Jury. He directed any questions we may have to be asked of the Carroll County State's Attorney Barnes.
Our orientation was done by a Jury Commissioner, Corinda. The Oath we swore, stated that we were to judge the facts & the Law as Maryland Constitution declares. I forget the exact wording of the oath, but it mentioned that you bear truth to the facts & law as well, regardless of love or hatred of the accused.
The Commissioner wanted folks to let her know if we knew the accused or knew of the accused, so that a Jury Alternate could take our place. I mentioned that the oath clearly recognizes that you may know the accused and still serve on their case.
Replies
Christopher, you've just got to love it.
You said -
["I suggested that we vote to exonerate the suspect on the charges that we did not indict on. None were in support of me."]
I wonder (he mused), just how many would have chosen to ignore your suggestion, were they the ones who various charges were brought against? People's attitudes tend to change when it's their butt on the line.
Most people don't know that government actors (cops, lawyers, judges, magistrates etc, etc, etc,) are NOT allowed to testify. Only people with first-hand knowledge can testify. But you have to OBJECT, if they try and get away with that crap!
They don't think you know that, but now you do. When the judge (magistrate) tries to take over as the prosecutor - you must immediately object. More on this later, but I wanted to at least establish that point.
I believe Randy Kelton and Rule of Law Radio are on top of stuff like this, and at the top of the page in the tabs.