bobswire
02-13-2012, 09:25 AM
Is Grand Jury testimony held confidential once Jury is dismissed, since Grand Juries are able to get testimony that otherwise would be next to impossible in other venues.
I would prefer to hear from someone with knowledge on this subject (in other words keep "biased"opinions to yourself ;) ).
This is not an open discussion on Lance Armstrong,I'm only curious about the closing of a Grand Jury and what happens to testimony that was gathered. Is it available to public or private scrutiny or is it sealed?
Re-edit
From my searches this seems to be a murky subject that is handled case by case for criminal purposes. But could WADA or USADA be able to use it hoping to to make a case?
Fed. R. Cri. P. 6(e)(C)(i) permits disclosure of grand jury testimony "when so directed by a court preliminarily to or in connection with a judicial proceeding." The court may direct the manner, time and conditions of such disclosure. There are two related but independent prerequisites to a disclosure under the (C)(i) exemption. First, there is a court imposed "criterion of degree" called the particularized need test.42 Second, the 'judicial proceeding' language of (C)(i) imposes an additional criterion governing the kind of need that must be shown."43
I would prefer to hear from someone with knowledge on this subject (in other words keep "biased"opinions to yourself ;) ).
This is not an open discussion on Lance Armstrong,I'm only curious about the closing of a Grand Jury and what happens to testimony that was gathered. Is it available to public or private scrutiny or is it sealed?
Re-edit
From my searches this seems to be a murky subject that is handled case by case for criminal purposes. But could WADA or USADA be able to use it hoping to to make a case?
Fed. R. Cri. P. 6(e)(C)(i) permits disclosure of grand jury testimony "when so directed by a court preliminarily to or in connection with a judicial proceeding." The court may direct the manner, time and conditions of such disclosure. There are two related but independent prerequisites to a disclosure under the (C)(i) exemption. First, there is a court imposed "criterion of degree" called the particularized need test.42 Second, the 'judicial proceeding' language of (C)(i) imposes an additional criterion governing the kind of need that must be shown."43