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Show Seven County Residents Selected for Grand Jury Probe The first grand jury in Summit County's recollect-able recollect-able history was sworn in late Monday afternoon at Coalville before Third Dis trict Court Judge Bryant Croft. The seven member panel was selected from an original list of 30 perspective jurors The evidence seen initially by the judges is held completely confidential but it may be viewed by jury members during their investigation. invest-igation. Throughout their investigation, the jurors will be gathering their own evidence through their special spec-ial investigators and with their subpoena powers. Croft told the jurors Mon- day it is the special power to subpoena witnesses and evidence that gives a grand jury an investigative edge over more routine discovery procedures. He explained when a member of a law enforcement agency questions quest-ions witnesses during an investigation, the suspect can simply refuse to talk. However, when a witness is subpoenaed to testify before a grand jury he or she must talk or risk being charged with contempt of court. The witnesses are also given an oath which binds them to secrecy and obligates them to tell the truth. Any untruthful statements could draw purjury charges. According Ac-cording to Croft, the witness testifying before a grand jury has two choices -- either tell the truth or plead the fifth amendment. The judge explained to the jurors once they have completed com-pleted their investigation and are satisfied they have thoroughly looked into all matters under their charge, they are obligated to hand over indictments against all persons believed to have violated any state or federal law. The jurors were cautioned caut-ioned they must have hard County bench for a six month term. At the outset of Monday's three hour jury selection process. Judge Croft explained ex-plained to perspective. jurors the nature of the grand jury process in Utah. He told them every two years, according to state statutes, the district judges meet together or "en banc" in each county seat in Utah to hear secret testimony of any citizen with information of wrong-doing within their area. Croft added although the hearing of testimony is a routine matter, the calling of a grand jury is not. "The calling of a grand jury is a very uncommon occurance and one that is not taken lightly by the panel of judges who make the ultimate decision," he said. In calling a grand jury, the panel of judges must be convinced beyond any doubt the testimony they have heard and the evidence they have seen indicates there exists reasonable cause to investigate the matters further fur-ther by a grand jury process, according to Croft. The grand jury process began in Summit County, according to Judge Croft in early spring when Judge Peter Leary first heard testimony about alleged wrong-doings in the Park City area. Later, Leary called in more judges to hear additional testimony and still later more judges were called in to ponder the accumulating evidence. During Dur-ing the process, Croft said, several witnesses were call- and given a special oath reserved for the enpanel-ment enpanel-ment of grand juries. During the oath the jurors were sworn to complete secrecy regarding their forthcoming proceedings and charged to "accuse no person through ill will nor let any criminal offense pass because of favors or friendship." The jury will meet again this Friday at 1 p.m. in Coalville where Judge Croft will, according to state law, deliver the group their charge and offer advice on the appointment of special prosecutors and investigators. investigat-ors. During his charge. Judge Croft will set forth the course of investigation the grand jurors will follow during the time of their enpanelment and establish the parameters in which that investigation will occur. Friday's session will be open to the public but from that point the jury will proceed in complete secrecy until their investigation has run its course. On Friday, Judge Croft is expected to charge the jury with the thorough investigation investigat-ion of four matters of concern exclusively within the Park City area. Those matters to be investigated will surround the illegal use, sale or distribution of drugs; the illegal issuance of building permits and the collection of related fees; conflicts of interest among members of the City Council and other administrative agencies; and any illegal activity of law enforcement agency officers having jurisdiction in the Park City area. evidence against those indicted in-dicted that would hold up in court. After the indictments are handed down, then it becomes the responsibility of the courts to prosecute the lawbreakers. If the jurors find no indictable offenses have been committed then those findings will be publically announced at the conclusion of the investigation. Croft told the jurors it has been the custom for grand juries to provide the court with a full report of their proceedings when the investigation is concluded whether indictments indict-ments are handed down or not. That report may or may not be publically released depending on the wishes of the court. ed to provide testimony before the judges. He added the 1 1 judges of the third district court all studied the evidence very carefully before be-fore making their ultimate decision to call a grand jury investigation. Croft admitted the timing of the announcement to call the jury was "poor" coming just before Park City's municipal election. "I wish we could have made the decision sooner," he said, "but it is very difficult to get all 11 judges together at one time to review the evidence." Croft cautioned that politics "don't even remotely enter into the grand jury process" and there was "absolutely nothing political about the decision to call a grand jury in Summit County. He reitterated the rarity of a grand jury investigation and ' stressed the serious consideration conside-ration given the decision by the 1 1 judges. The jury will be asked Friday to confine their investigations to those four areas, but advised they may proceed in other directions with the consent of the court. State statutes provide for the jury to be enpaneled until the end of the year but their terms may be extended in three month intervals should the court deem it necessary to continue their investigations. investigat-ions. Judge Croft told the jury Monday most likely they will not have enough time to finish their work by January 1 and should anticipate their charge being extended at least an additional three months. Croft will take no active role in the investigation but will be available for consultation and advice at the request of the jurors. That advisory role will be assumed after the first of the year by Judge Ernest Baldwin who will .replace, .Croft pn. the. Summit . |