Questions for our VERIFIED LAWYERS*~*~*NO DISCUSSIONS*~*~*

[AZlawyer]

Can someone plead the fifth in front of the Grand Jury?
Are lawyers allowed to attend the Grand Jury hearing?
Can someone receive immunity before testimony in a Grand Jury hearing?

Yes.

No.

Yes.

 

[AZlawyer]

Taking off from PattyG's questions:

Does a person have to be on the stand in front of the Grand Jury before they plead the fifth?

Well, technically, but most likely the prosecutor would have been told ahead of time that the person was planning to plead the 5th and would have tried to make arrangements for immunity beforehand if appropriate.

 

[ZL27]

It is not illegal for them to share the information. However, I doubt they did it to "get involved in the divorce"--I'm sure they shared the information in connection with the criminal investigation.

If Terri's phone is on Kaine's account, would LE be able to legally give the texts to Kaine?

Edit: ignore my question. I misread your response to say, "it is not legal." My bad.

 

[BeanE]

Well, technically, but most likely the prosecutor would have been told ahead of time that the person was planning to plead the 5th and would have tried to make arrangements for immunity beforehand if appropriate.

Dede didn't retain her attorney until Friday, courts are closed for the weekend, and she had to appear on Monday morning. How likely is it that if immunity was the issue, that there just wasn't time to arrange it prior to her appearance? I have no idea how long it takes to get immunity in place.

Thanks, AZ. :blowkiss:

 

[AZlawyer]

Dede didn't retain her attorney until Friday, courts are closed for the weekend, and she had to appear on Monday morning. How likely is it that if immunity was the issue, that there just wasn't time to arrange it prior to her appearance? I have no idea how long it takes to get immunity in place.

Thanks, AZ. :blowkiss:

Oh, then it's definitely possible that she didn't mention wanting immunity until Monday AM, and her testimony had to be rescheduled.

 

[angelainwi]

Typically, the FBI would only be involved if it related to a suspected violation of federal law or if it related to a missing person under 12 years of age.

Police must demonstrate to a judge that probable cause exists to believe that the thing being sought will be found in the place to be searched. "Probable cause" is a relatively low burden of proof but still requires a showing of some credible testimony or facts.

What about the BAU?

 

[gitana1]

Have any of our verified lawyers ever charged a $350,000 retainer fee???

Not me. But then again, I have never represented someone in a high profile imminent murder case and I never will!!

 

[eyes4crime]

Can a person called before the GJ talk to the media or is his/her appearance confidential? I know from Drew Peterson's GH hearing, the jurors couldn't speak to the media - is that true for all states. TIA :blowkiss:

 

[kappy50]

Would Teri's attorney know ahead of time...the GJ was meeting in regards to this case that involves/surrounds her ????

 

[AZlawyer]

Can a person called before the GJ talk to the media or is his/her appearance confidential? I know from Drew Peterson's GH hearing, the jurors couldn't speak to the media - is that true for all states. TIA :blowkiss:

I'm not sure what the rule is in Oregon. I reviewed the statutes and didn't see anything about witnesses being sworn to secrecy--only jurors. Also, I believe the witnesses would have a First Amendment right to disclose information known by them, even if they cannot disclose what actually happened during the grand jury proceedings (e.g., what questions were asked).

E.g., if someone said to DDS, "Did you meet up with Terri on June 4?" IMO the State of Oregon could not prohibit her from answering just because the grand jury might have asked her the same question.

Would Teri's attorney know ahead of time...the GJ was meeting in regards to this case that involves/surrounds her ????

Probably not.

 

[Tiki]

If Kyron was kidnapped and taken across state lines, wouldn't that make it a case for the FBI to be called in on?
(Lindberg Law)

If so, does that exclude parental kidnapping and would Terri be considered a parent as Kyron's stepmother?

TIA

 

[Barry]

I know LDT results cannot be used as evidence in a trial. Can it even be discussed in front of a GJ? TIA.

 

[AZlawyer]

If Kyron was kidnapped and taken across state lines, wouldn't that make it a case for the FBI to be called in on?
(Lindberg Law)

If so, does that exclude parental kidnapping and would Terri be considered a parent as Kyron's stepmother?

TIA

Yes, an interstate kidnapping would be an FBI matter. I do not think parental kidnapping would be any exception, and in any event unless there was a step-parent adoption, I do not believe Terri would be considered Kyron's "parent."

I know LDT results cannot be used as evidence in a trial. Can it even be discussed in front of a GJ? TIA.

The evidentiary rules are a little looser than at trial, but still I don't believe any state in the country would allow LDT results to be presented to a GJ as evidence of probable cause.

I look at LDTs as a somewhat more sophisticated version of a LE officer saying, "That guy sure acts nervous. We ought to check out his story a little more."

 

[RubyRed]

If Terri were to admit to her lawyer that she harmed Kyron or had him in hiding somewhere, what would the lawyer do? Would it be kept confidential ? Does a lawyer ask if his client did it? Or would they rather not know? Thanks

 

[SmoothOperator]

Yes, Ruby Red has posted something much similar to what I'd like to know, how exactly does this work? I know there have had to be clients that over the course of time have confided in their atty that they are guilty of the crime and here is where the body is hidden. This has had to have happened several times, so whats the policy? what does a defense atty do?... And esp. if the case is this precious innocent young child like Kyron? would they just continuing to represent the murderer and continue letting parents of such child suffer when the atty knows who the killer was and where the body is? This is something I have wondered for quite some time? TIA..

 

[AZlawyer]

If Terri were to admit to her lawyer that she harmed Kyron or had him in hiding somewhere, what would the lawyer do? Would it be kept confidential ? Does a lawyer ask if his client did it? Or would they rather not know? Thanks

Yes, Ruby Red has posted something much similar to what I'd like to know, how exactly does this work? I know there have had to be clients that over the course of time have confided in their atty that they are guilty of the crime and here is where the body is hidden. This has had to have happened several times, so whats the policy? what does a defense atty do?... And esp. if the case is this precious innocent young child like Kyron? would they just continuing to represent the murderer and continue letting parents of such child suffer when the atty knows who the killer was and where the body is? This is something I have wondered for quite some time? TIA..

No, the attorney could not reveal his client's confession or information about where the body is, and certainly would not have to withdraw from the representation. The vast majority of criminal defendants are, in fact, guilty, so a criminal defense lawyer who insisted on representing only innocent people would get hungry pretty fast. My understanding is that defense attorneys discourage their clients from telling them such information, however, and focus on ensuring procedual fairness and getting the lowest possible sentence for a client who is obviously guilty.

This is why I could never be a defense attorney. The ethics are too complex for me lol. I prefer to sleep at night.

 

[SmoothOperator]

No, the attorney could not reveal his client's confession or information about where the body is, and certainly would not have to withdraw from the representation. The vast majority of criminal defendants are, in fact, guilty, so a criminal defense lawyer who insisted on representing only innocent people would get hungry pretty fast. My understanding is that defense attorneys discourage their clients from telling them such information, however, and focus on ensuring procedual fairness and getting the lowest possible sentence for a client who is obviously guilty.

This is why I could never be a defense attorney. The ethics are too complex for me lol. I prefer to sleep at night.

Thank you so very much, AZ.. You always respond so very quickly and it is so very much appreciated..

However I was very afraid that this was something similar as to what you have let us know about defense attys... and believe me, I understand the whole right of even the guilty to a "fair" trial, but is it just me or does it seem as tho the "guilty" parties seem to have so many more rights than those of the poor, poor, innocent victims(and their fams that are left behind to live everyday having NO CLOSURE), especially in a case such as this with a small, innocent child... It just seems so VERY VERY WRONG in absolutely every single way... How can this be??
That an official of the courts can be privy to such extremely crucial knowledge(such as the whereabouts of a babies body)and NOT be compelled to share this knowledge for the very sake of these parents whose hearts have been ripped from their very souls?? I just cannot make sense of this???!!!!...

 

[BeanE]

Hi AZ! :blowkiss:

If one is subpoenaed by a GJ, what can one say or not say prior to appearing? That one has been subpoenaed? When it is? Or?

After appearing, what can one say? That one appeared? That one testified? That one did not testify? That one plead the fifth? Or?

This is being discussed in this thread:
[ame="http://www.websleuths.com/forums/showthread.php?t=110943"]2010.08 03 - GJ Subpoena Issued To Another Friend Of Terri Horman - Websleuths Crime Sleuthing Community[/ame]


because an article was just published wherein a friend of Terri claims she has been subpoenaed and will appear on Thursday. Also I noticed KGW and Oregonian both reported that Kaine confirmed he appeared (not that he testified, just appeared), and he would not comment on what Desiree or Tony were there for.

Thanks!

 

[AZlawyer]

Thank you so very much, AZ.. You always respond so very quickly and it is so very much appreciated..

However I was very afraid that this was something similar as to what you have let us know about defense attys... and believe me, I understand the whole right of even the guilty to a "fair" trial, but is it just me or does it seem as tho the "guilty" parties seem to have so many more rights than those of the poor, poor, innocent victims(and their fams that are left behind to live everyday having NO CLOSURE), especially in a case such as this with a small, innocent child... It just seems so VERY VERY WRONG in absolutely every single way... How can this be??
That an official of the courts can be privy to such extremely crucial knowledge(such as the whereabouts of a babies body)and NOT be compelled to share this knowledge for the very sake of these parents whose hearts have been ripped from their very souls?? I just cannot make sense of this???!!!!...

I assume this is a rhetorical question? People get confused about the phrase "officer of the court" and think it means more than it does. For me personally, I couldn't do this work, and I'm probably not the person to ask for an explanation of the social utility of the ethics rules as applied to criminal defense lawyers. All I can say is that it is generally accepted in the legal community that this system is better than any of the alternatives.

 

[AZlawyer]

Hi AZ! :blowkiss:

If one is subpoenaed by a GJ, what can one say or not say prior to appearing? That one has been subpoenaed? When it is? Or?

After appearing, what can one say? That one appeared? That one testified? That one did not testify? That one plead the fifth? Or?

This is being discussed in this thread:
2010.08 03 - GJ Subpoena Issued To Another Friend Of Terri Horman - Websleuths Crime Sleuthing Community


because an article was just published wherein a friend of Terri claims she has been subpoenaed and will appear on Thursday. Also I noticed KGW and Oregonian both reported that Kaine confirmed he appeared (not that he testified, just appeared), and he would not comment on what Desiree or Tony were there for.

Thanks!

Hi, BeanE. The rules vary from state to state. I can't find anything in Oregon requiring the silence of a WITNESS (as opposed to a grand juror) on any subject. And I believe the US Supreme Court has explained that a grand jury witness has a First Amendment right to at least speak about the actual INFORMATION he or she knows, even if there is a state law preventing him or her from speaking about the specific testimony given to the grand jury.