Dear New Grand Jury Member:

Congratulations for being selected as a member of the Wise County Grand Jury. I expect your service will be most enjoyable and enlightening although some of the cases that you hear will be somewhat distasteful. Overall, however, I expect that your service will be very memorable.

Since you probably have several questions, I will take this opportunity to try to answer them.

(1) HOW OFTEN DO WE MEET?

If past history is any guideline, the grand jury will meet once every four to six weeks. Each session normally lasts around two to three hours and rarely lasts past noon.

(2) WILL WE HEAR FROM WITNESSES LIKE IN AN ACTUAL TRIAL?

The cases are typically presented by the either myself or Ms. Borchardt, the assistant district attorney, reading a brief summary of the case. The arresting officer or investigating officer will be present who can elaborate on the facts of the case and answer your questions. Most cases can be presented in about 10 to 15 minutes.

(3) DO WE NEED TO BE CONVINCED OF SOMEONE'S GUILT BEFORE CHOOSING TO INDICT THEM?

No. You only need to believe that there are sufficient reasons to bind them over for trial. That is, you must believe that the defendant "probably" committed the crime. At trial, it will be the obligation of the state to prove the case "beyond a reasonable doubt" which is the highest standard of proof in our legal system.

(4) WILL THE PERSON ACCUSED OF THE CRIME EVER APPEAR BEFORE US?

In almost all of the cases, the defendant will not appear at a grand jury session. However, this is typically the accused's choice. Any defendant who wishes to testify before the grand jury will be given an opportunity to do so.

(5) DOES THE STATE TYPICALLY RECOMMEND THAT AN INDICTMENT BE HANDED DOWN?

In 95% of the cases presented to the grand jury, I will recommend that an indictment be handed down by you. Although the grand jury's chief function is to protect the citizenry from an overzealous prosecutor, I go to great lengths to make sure that the "bad" or marginal cases are weeded out of the system. In this regard, there are some cases presented to my office which I believe do not have sufficient evidence to warrant prosecution or there may be legal problems with the case that would prevent a conviction. Consequently, I do not present them to the grand jury. Of course, the grand jury has complete discretion to disagree with my request to "true bill" a case.

(6) WHAT IF I KNOW THE PERSON WHO IS ACCUSED OF THE CRIME?

There is nothing in our law that prevents you from hearing about a case where you know the accused unless you are the "complaining witness" or the victim. However, feel free to abstain from voting on any case that you feel uncomfortable about. On the other hand, there is also nothing wrong with sharing any information you have regarding and accused or his background to the other grand jury members and, quite frankly, I would encourage it.

(7) DOES A DECISION TO INDICT AN INDIVIDUAL MEAN THAT HE WILL GO TO PRISON? FOR EXAMPLE, WHAT IF THE DEFENDANT IS A SEVENTEEN YEAR OLD WHO HAS NEVER BEFORE BEEN IN TROUBLE AND IS ACCUSED OF A MINOR PROPERTY CRIME?

Any person that is indicted is subject to a prison term. However, there are a variety of sentencing options available including probation. It is possible that a plea agreement will be entered into based upon what I believe a Wise County jury would do with a case. For example, a seventeen year old who has committed a minor property offense would typically receive an offer of probation since, in my experience, a jury would sentence him to probation.

(8) WHAT IF I CANNOT ATTEND A SCHEDULED GRAND JURY MEETING?

Only nine members of the grand jury need be present because the law allows/requires that nine members vote for a "true bill". In the event that you will not be able to attend, however, please call my office at the earliest time possible so that we will be certain that a quorum will be present. Every effort should be made to attend every session.

(9) HOW DOES THE VOTING PROCEDURE WORK?

After all the cases are presented, I will leave the room at which time each case should be voted upon. If any questions should arise that you would like to ask me, have the foreman contact the bailiff who will then contact me. Once all the voting is completed, have the bailiff contact me and I will provide the foreman with the indictments for the defendants who have been true billed. The foreman will then sign the indictments and they will then either be presented either to the District Judge or the District Clerk.

Once again, congratulations for your selection as a grand jury member.

Sincerely,

Barry S. Green