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| Womack attorney focuses on grand jury procedure in support of motion to dismissThis article was originally published in the the Amador Ledger Dispatch on April 9, 2000, and is reproduced here with its permission. By Joanna Baker JACKSON—The Amador Ledger Dispatch has obtained a copy of a letter to the Office of the Attorney General, in which an attorney for Robert Womack requested seven items related to the selection and instructions given to the Grand Jury that voted to indict Womack for the alleged illegal removal of an underground gas tank. The attorneys asked for transcripts of the charge and instruction by the court to the grand jury at the time of indictment; transcripts of and advice given or instruction in law given by the court or the district attorney's opening and closing remarks and argument; a record of all questions asked by grand jurors to the district attorney; a record of all questions to the court by the grand jurors and the answers given by the court; the system used for drawing juror names and to compose the grand jury; a list, record or transcript of the process by which prospective grand jurors were chosen. The attorney, Karen L. Hamilton, stated in the letter that the information requested is discoverable (i.e. to be made available to the defense) because it may "provide basis for a motion to dismiss the indictment." The letter continues," . . . the grand jury's ability to consider the evidence impartially and independently in order to determine whether there is probable cause to indict may be prejudiced by the manner in which the prosecutor conducts the grand jury proceedings." The materials requested were kept "under separate confidential cover," and not made available to the defense when they were requested last spring. "Judge Cruikshank, after reviewing the material, determined that the prosecution need not disclose it at that time," the letter stated. The letter constitutes a formal request for information. When asked for comment, Amador District Attorney Todd Riebe said, "I am very surprised that, despite a court-imposed gag order on all parties in this case, a memorandum between attorneys has been given to the press." Copyright © 2000 Amador Ledger Dispatch |
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