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written supplement, page 8
The case of Sara Baldinger in Los Angeles (In re Baldinger,
356 F.Supp. 153 (C.D. Cal. 1973) reveals another way in which
government "grand jury skipping" violated the integrity of
the grand jury process. Ms. Baldinger appeared before a
grand jury that contained jurors who asker her questions of
their own. The government responded by discontinuing Ms.
Baldinger's appearance and taking its investigation to another presumably more apa; etic set of jurors. We do not
know exactly how often this scenario occurs, but even the
possibility that it can transpire should be motivation for
United Methodist Board of Church and Society, Dept. of Law,
Justice and Community Relations
Unitarian Universalist Association
Church of the Brethren
Jesuit Conference Office of Social Ministry
United Methodist Board of Global Ministries (Womens National
American Friends Service Committee
International Longshoremen's and Warehousemen's Union
Womens International League for Peace and Freedom
Association of Trial Lawyers of America (Criminal Section)
National Legal Aid and Defender Association
National Conference of Black Lawyers
Southern Christian Leadership Conference
Amalgamated Meat Cutters and Butcher Workmen of North America
National Student Association
National Organization for women
National Bar Association
written supplement, page 10 Coalition to End Grand Jury Abuse
Examples of cases in which the grand jury process has been
The following is a list of some of the areas in which
the grand jury process has been misused with a typical
case cited for each category. The description of each case
is either in the court citation or one of the articles attached.
The members of the subcommittee should be aware that many of
these cases fall within several categories, and that this
sample listing should not be taken as an exhaustive compilaion.
we would submit that the cases we know of represent
merely the tip of the iceberg. These cases do, however, present
a horrifying picture nonetheless.
Use of the grand jury:
--to gather domestic intelligence (Leslie Bacon, Seattle,
see attached article from the Washington Post, 10/17/75).
--to discredit "non-mainstream" groups (Lurieda Torres
and the Puerto Rican Socialist Party, see testimony
--to frighten citizens from political activity (Sylvia
Brown, Tuscon, see attached "Where Did the Grand Jury
--to disrupt legal dissent (Vietnam Veterans Against the
War, Gainsville, see attached "Kangaroo Grand Juries," by Frank J. Donner & Richard L. Lavine, p. 530).
--to embarass political rivals (John Swainson, Detroit,
see attached" "The Perverted Grand Juries," by Sam
--to further political careers (See the cases discussed
in Abuse of Power, a Report of the New York State
written supplement, page 11
special prosecutor Maurice Nadjari, pp. 47-71).
--to disrupt the news-gathering process (Branzburg v. Hayes,
408 U.S. 665 (1972)).
--to cover-up official wrong-doing (Watergate, see
"A Report to the Special Prosecutor on certain Aspecs
--to break the attorney-client privilege (In re Stolar,
397 F.Supp. 520 (S.D.N.Y. 1975); see also testimony
--to assist management in a strike situation (Washington
Post Pressmen strike, see attached "Strikebreaking From
--to punish citizens for their refusal to answer F.B.I.
questions (see report of the grand jury investigation
--to punish witnesses for exercise their Fifth Amendmert
rights (Terri Turgeon and Ellen Grusse, see attached
--to bring an accused to trial on insufficient evidence
(the charging of the Chicago 7, see "Demythologizing
--to chill scholarly research (U.S. v. Doe (Popkin),
460 F.2d 328 (1st Cir. 1972)).
to launder illegal wiretaps (see discussions inattached "Kangaroo Grand Juries, "supra., and "The Grand Jury Network," by Frank J. Donner and Eugene Cerruti).
--to "reward" illegally seized evidence (U.S. V. Calandra,
414 U.S. 338 (1974)).
--to entice the commission of perjury (U.s. v. Nickels,
502 F.2d 1173 (7th Cir. 1974).
written supplement, page 12
as a tool of prosecutorial pre-trial discovery (In re National Window Glass Workers, 287 F. 219 (N.D. Ohio 1922)).
--to hide failures of law enforcement agencies (Cynthia
Garvey, see attached "Use Immunity: Jail for Those
--to trap criminal suspects into jail without having to
prove them guilty of a crime (Salvatore Giancana,
--to chill the defendant's right to a public trial (the
trial of members of the Black Liberation Army, see
--(grand jury) reports to smear reputations with no
individual remedy (see Report of the January, 1970
--to locate already indicted fugitives (Jill Raymond,
Lexington, Kentucky, see attached "Taking the Fifth," by Richard Harris).
--to substitute for a search warrant (see cases cited by
Professor Melvin Lewis in testimony before the Senate
--to deny handicapped persons effective assistance of
counsel (Claire Gibson, Anne Arundel County, Maryland, 19 Cr. L. 2483 (8/26/76)).
--to intefere with an individual's choice of counsel
(In re April 1975 Grand Jury (Washington Post Pressmen's
--to disrupt personal lives by unwarranted abrupt
geographical removal (Fort Worth 5, Texas, see attached testimony of Senator Edward Kennedy before this