Grand Jury Procedures - some comments
It should be mentioned that in a Grand Jury hearing, it is only the prosecutors who present evidence. Nothing has to be presented which would tend to show that a person is innocent, or that there might be mitigating circumstances, or other possible perpetrators or scenarios. It is a one sided show.
There is no presentation from any defense attorneys. Persons identified as potential suspects have no right to address the Grand Jury or to present any evidence. They could be brought before a Grand Jury by the prosecutor, but would only be allowed to answer questions presented to them. Alternatively, they could invoke the fifth amendment of the US Constitution and refuse to answer a question on the grounds that it could incriminate them. Depending on the circumstances, a person subpoened as a witness to testify before a grand jury would be placed under oath, but might not be advised of their Miranda Rights until after they testify and prosecutors decide to charge them with something.
In this case, prosecutors have chosen to keep all procedings of the Grand Jury secret. No evidence or information has yet been made public regarding the Welch family and their alleged connection to the disappearance of the Lyon Sisters. This declared secrecy has not, however, seemed to keep Montgomery County Police officials from making derogatory statements about the Welch Family as seen in a recent Washington Post Article:
Quote “It’s frustrating the lengths to which this family goes to keep us from the truth,” Capt. Darren Francke, commander of the Montgomery County Police Department’s major crimes unit, said Saturday. Unquote.
They (MCP and prosecutors) have essentially branded that family as liars and obstructors of justice without stating any facts or presenting any evidence as to what they were allegedly lying about or covering up. MCP has named two Persons of Interest: Lloyd Welch in February and Richard Welch in October of this year, but they have not to date presented a single bit of evidence to the public as to the reasons for declarations.
While Patricia Welch could be subpoenaed as a witness before this Grand Jury, she could not be compelled to testify against her husband, Richard Welch, should he be charged and brought to trial for any crime. By charging her with perjury, prosecutors have pretty much written her off as a witness in any future trials.
It will certainly be interesting to see what recommendations will come out of this Grand Jury regarding charges and evidence.
