In re Criminal Investigation No. 51,843

704 A.2d 464, 119 Md. App. 112, 1998 Md. App. LEXIS 10
CourtCourt of Special Appeals of Maryland
DecidedJanuary 9, 1998
DocketNo. 509
StatusPublished
Cited by2 cases

This text of 704 A.2d 464 (In re Criminal Investigation No. 51,843) is published on Counsel Stack Legal Research, covering Court of Special Appeals of Maryland primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
In re Criminal Investigation No. 51,843, 704 A.2d 464, 119 Md. App. 112, 1998 Md. App. LEXIS 10 (Md. Ct. App. 1998).

Opinion

HARRELL, Judge.

On 9 December 1996 appellees Jeffrey Gilbert (“Gilbert”), David Randall, Eddie Jones, Dana Williams, Jermaine May-hew, Carlos Marshall, Yolanda Hamlet, Jason Mobley, Steve McAbee, Jerry Swint, Eloise Jones, Tamara Marshall, Jerry Vance, and John Williams (the latter referred to collectively hereinafter as the “Randall appellees”) filed motions in the Circuit Court for Prince George’s County, pursuant to Maryland Rule 4-642(c), seeking the disclosure of all testimony and evidence presented to Grand Jury Number 51,843, which had been convened to investigate the shooting death of Prince George’s County Police Officer John Novabilski. The court held a hearing on the motions on 26 February 1997. On 27 February 1997 the court ordered the State’s Attorney for Prince George’s County to disclose the transcript of testimony of all witnesses testifying before that grand jury. The State of Maryland and Prince George’s County, Maryland (“the County”) then filed this timely appeal.

ISSUE

One issue is presented for our consideration, which we have rephrased:

Did the trial court abuse its discretion in ordering the disclosure of all the grand jury testimony?

FACTS

On 26 April 1995, Prince George’s County Police Officer John Novabilski was murdered. Within a day of the murder, the Randall appellees were arrested, transported to a police station, and questioned about appellee Gilbert’s role in Sgt. Novabilski’s death. After Mr. Gilbert’s arrest, the Randall [116]*116appellees were released. Shortly thereafter, Grand Jury Number 51,843 was convened to review the evidence and consider an' indictment against Mr. Gilbert. On 2 June 1995, however, the police dropped all charges against Mr. Gilbert when evidence was discovered that Ralph McLean committed Sgt. Novabilski’s murder.

Mr. Gilbert filed a civil action against several individual police officers, the County, and the City of Greenbelt, alleging that his federal and state constitutional rights had been violated because the police lacked probable cause to arrest him and used excessive force during the arrest. The Randall appellees also filed a civil action alleging civil rights violations. Both actions are now pending in the United States District Court for the District of Maryland, Southern Division. At the time the instant case was before the circuit court, Mr. Gilbert’s civil damages suit had been stayed pending resolution of a federal criminal investigation, and no discovery had been conducted. Discovery in the Randall appellees’ federal case had just begun.

At the motions hearing on 26 February 1997 the Randall appellees sought disclosure of all the grand jury transcripts, arguing that the disclosure of the grand jury testimony was essential to their civil claims. Access to the grand jury testimony, they asserted, would enable them to learn material facts relevant to their civil claims, was the most reliable evidence available as to what occurred in April 1995, and was necessary to identify the police officers involved. Appellee Gilbert added that the grand jury testimony would show that he was arrested without probable cause and that the need for the grand jury testimony was heightened because memories of witnesses would fade due to the amount of time that had passed since the incident.

The State and County argued that appellees were on a fishing expedition, that they had not demonstrated a particularized need for disclosure, and that their motion to disclose was premature given the status of the civil cases.

[117]*117After considering the arguments for and against disclosure, the trial court took the matter under advisement and, the following day, 27 February, ordered the State to disclose the transcript of testimony of all witnesses who appeared before the grand jury.

DISCUSSION

Secrecy of grand jury proceedings is essential to the proper functioning of the criminal justice system. Douglas Oil Co. v. Petrol Stops Northwest, 441 U.S. 211, 218, 99 S.Ct. 1667, 1672, 60 L.Ed.2d 156 (1979). Preserving grand jury secrecy serves several purposes:

First, if preindictment proceedings were made public, many prospective witnesses would be hesitant to come forward voluntarily, knowing that those against whom they testify would be aware of that testimony. Moreover, witnesses who appeared before the grand jury would be less likely to testify fully and frankly, as they would be open to retribution as well as to inducements. There also would be the risk that those about to be indicted would flee, or would try to influence individual grand jurors to vote against indictment. Finally, by preserving the secrecy of the proceedings, we assure that persons who are accused but exonerated by the grand jury will not be held up to public ridicule.

In re Criminal Investigation No. 437, 316 Md. 66, 76-77, 557 A.2d 235 (1989) (quoting Douglas Oil, 441 U.S. at 219, 99 S.Ct. at 1673).

Sometimes, however, disclosure of grand jury materials will promote justice. In re Criminal Investigation No. 437, 316 Md. at 79, 557 A.2d 235 (citing Dennis v. United States, 384 U.S. 855, 870, 86 S.Ct. 1840, 1849, 16 L.Ed.2d 973 (1966)). The Maryland Rules provide for disclosure of grand jury materials when necessary. Maryland Rule 4-642 states:

(a) Court Records. — Files and records of the court pertaining to criminal investigations shall be sealed and shall be open to inspection only by order of the court.
[118]*118(c) Motion for Disclosure. — Unless disclosure of matters occurring before the grand jury is permitted by law without court authorization, a motion for disclosure of such matters shall be filed in the circuit court where a grand jury convened---- [T]he moving party shali serve a copy of the motion upon the State’s Attorney, the parties to the judicial proceeding if disclosure is sought in connection with such a proceeding, and such other persons as the court may direct. The court shall conduct a hearing if requested within 15 days after service of the motion.

Thus, to obtain grand jury materials, the court must order the disclosure. Rule 4-642, however, does not offer or suggest a standard for the trial court to follow when deciding to issue a disclosure order. In re Criminal Investigation No. 137, 316 Md. at 81, 557 A.2d 235. The Court of Appeals has filled this void by holding that “when a court order for disclosure is requested, there must be a strong showing of a ‘particularized need’ before disclosure is permitted.” Id. at 82, 557 A.2d 235. See also United States v. John Doe, Inc. I, 481 U.S. 102, 112, 107 S.Ct. 1656, 1662, 95 L.Ed.2d 94 (1987); United States v. Sells Engineering, 463 U.S. 418

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704 A.2d 464, 119 Md. App. 112, 1998 Md. App. LEXIS 10, Counsel Stack Legal Research, https://law.counselstack.com/opinion/in-re-criminal-investigation-no-51843-mdctspecapp-1998.