By Emerson Drake
4/28/11
While following up a lengthy letter to the Editor by attorney George Logan, which was extremely critical of the Civil Grand Jury's grasp of legal issues, we started wondering who from the D.A.'s office was providing them advice. So we placed a call to find out
.The first response we received from who ever answered the phone was a blanket claim that they couldn't give out that information but that the attorney responsible might be able to. After waiting several hours, after all they're very busy, we made a second request where finally we were able to talk with Chief Inspector/Deputy D.A. Dave Harris who has supervisory responsibility.
To the simple question of, "Who gives the CGJ (Civilian Grand Jury) legal advice", he gave the nebulous response, "Read penal code 934 and you'll have your answer."
When asked what lawyer out of this office is assigned to respond to CGJ when inquiries are made, he responded, "Who they ask and what they ask is confidential."
When reminded we hadn't inquired about questions they were asked and since attorney George Logan had made several specific statements saying how little they knew about the specifics of the law, and because there were several exacting questions and statements made by the CGJ that were allegedly way off base, we wondered if the advice they had been given was tainted by political consideration or was just advice, of questionable accuracy.
So we asked specifically, "Who in your office is responsible for providing the CGJ advice when they ask for it?
Attorney Harris again hid behind penal code 934 saying it forbade releasing information regarding who the D.A.'s representative was.
So to assist everyone in understanding Mr. Harris comments, here is penal code 934 in its entirety.Do you see anything here that says who the CGJ asks is confidential? We don'tNothing even close.
So what is the D.A's Chief Investigator Hiding?
What is he afraid the public will find out?
Do we have a politically tainted Grand Jury system that receive advice that's slanted to benefit a particular political point of view?
Mr. Harris, yesterday you hid behind nonexistent rules. What do you have to say today?
California Penal Code Section 934
(a) The grand jury may, at all times, request the advice of
the court, or the judge thereof, the district attorney, the county
counsel, or the Attorney General. Unless advice is requested, the
judge of the court, or county counsel as to civil matters, shall not
be present during the sessions of the grand jury.
(b) The Attorney General may grant or deny a request for advice
from the grand jury. If the Attorney General grants a request for
advice from the grand jury, the Attorney General shall fulfill that
request within existing financial and staffing resources.
For George Logans letter go tohttp://www.modbee.com/2011/04/28/1663847/stanislaus-county-grand-jury-has.html
