District Attorney Candice Hooper impaneled a criminal grand jury
Monday, but would not discuss what issues the group could address
while its members are on-call for the next six months.
District Attorney Candice Hooper impaneled a criminal grand jury Monday, but would not discuss what issues the group could address while its members are on-call for the next six months.
Hooper said state law prevents her from discussing cases that are presented to a criminal grand jury.
“I’m not allowed to talk about grand jury proceedings while they’re pending,” Hooper said.
The district attorney, in office for nearly a year, said she “foresees the potential need to call a grand jury.”
A criminal grand jury is used specifically for criminal matters and may produce an indictment to send a defendant to trial.
Many California counties retains both a criminal and a civil grand jury. Because of its size, though, San Benito County sits only a civil grand jury. A new civil grand jury is impanaled every year.
The civil grand jury conducts annual investigations into the San Benito County Jail and Juvenile Hall, and other matters as requested by the public.
In criminal grand jury proceedings, only prosecutors are allowed to present evidence in a case. Normally, both prosecutors and defense attorneys present evidence to a judge, who decides whether the defendant or defendants should be tried.
District attorneys may have varying reasons to use a grand jury, Hooper said, including but not limited to the following:
* Public corruption and official misconduct
* Cases with multiple defendants which will result in unreasonable delay if prosecution is separate, or in which some defendants are pending trial
* Complex matters such as high-tech crime, major fraud or trade secrets
* High security cases that may involve possible escape
* Organized crime and gang cases
* Three strikes cases
* Reluctant or hostile witnesses who need to be compelled to testify or sensitive cases in which defendants need to be protected from cross-examination or confrontation with the defendant
* Highly publicized cases
* Police use of force resulting in serious injury or death
* Any case deemed appropriate
The grand jury impaneled Monday can be called to hear cases until June 2008.
The past two San Benito County district attorneys, Harry Damkar and John Sarsfield, have used criminal grand juries to produce indictments. In more than two decades as district attorney, Damkar used the grand jury about five times, he said.
Most recently in December 2006, a grand jury was used to indict Rachael Marie Menchaca on felony charges of second-degree murder, involuntary manslaughter and child endangerment.
In October, a jury found Menchaca not guilty of second-degree murder, but guilty of involuntary manslaughter and child endangerment.
