OCR Text |
Show Judge Croft Instructs Grand Jury Members t X A I " ' "Already opinions expressed express-ed through the news media have tended to misjudge the purpose, and to prejudge or belittle the work of a grand jury. I say unequivocally that the test of the quality and validity of your service will lie in the integrity of the investigations you make and the intelligence you display in achieving the ultimate results of your work and efforts whatever they may be." With these words, Third District Court Judge Bryant Croft formally charged charg-ed the grand jury last Friday to begin its investigations of Park City. The judge read fourteen pages of instructions to the seven member jury telling them' how they were to operate and what they were to investigate. Judge Croft stipulated the grand jury's investigations are to be limited to four specific matters "in and around Park City". The first item to be investigated is the use, sale or distribution of controlled substances. Second, any illegal conduct relating to the issuance of remodeling and or construction permits by. employees of Park City and the assessment and collection collect-ion of fees with respect thereto. Thirdly, whether decisions of the governing council of Park City or any of its administrative agencies have involved any conflict of interest of the members thereof. Lastly, whether any member mem-ber of any law enforcement agency having investigative jurisdiction in and around Park City has been involved in any illegal conduct. Judge Croft then explained portions of the laws governing govern-ing the four issues to the jury. He urged the jury to request the state attorney general to appoint a special prosecutor to assist them with legal procedure. Ralph McCormick of Kamas was appointed by the judge to serve as foreman of the jury and -per"; the Judge's. suggestion, to serve as liason between the jury and the court and also between the jury and the press. The grand jury was given the courthouse jury room as their meeting place but under the law they could meet anywhere they choose as long as they notify the court in advance. The judge explained that five jurors would constitute a quorum and must be present to do business. Under state law, grand juries are secretive in nature. Judge Croft elaborated on the laws governing secrecy informing the jurors not to reveal names of witnesses or any part of the testimony heard before them. The judge noted that even he could not be present during the hearing of evidence and could only advise them at their request. The judge indirectly asked the news media to respect the grand jury's secrecy but he did tell the jury they could release periodic news releases relea-ses as long as they didn't violate the law. He suggested suggest-ed they be reviewed by the prosecuting attorney first. Judge Croft went over the powers of the grand jury in some detail. He explained they are under the law a separate and legal entity with broad investigative powers. They must employ a certified court reporter and a bailiff whenever they're in session. The court recommended recom-mended Edward Midgley as the reporter and Summit County Deputy Sheriff John Newland was assigned as bailiff. Only Midgley will be allowed within the deliberation deliberat-ion room, however, with Newland assigned to prevent unauthorized persons from entering. Records are to be strictly ; kept explained the judge but ! he said only total votes are to : be recorded. He said records should not indicate specifically specific-ally how each member of the , , , Please turn to page !, v4A v,Yi v.j Jury Panel Told to 6 Judge Wisely and Fairly' A rare picture - Summit County's first grand jury. Continued from Page 1A jury voted on any one issue, he also said no juror may disclose or be forced to disclose any information about the secret proceedings except under court order. The judge didn't discuss the four matters to be investigated in great detail publicly but explained he would do that with the jurors in private. He did, however, devote an entire page to possible "malfeasance in office". He explained the jury had the power to call witnesses and secure evidence and after hearing such testimony, testimo-ny, to then return either an accusation or an indictment. "Among the statutory powers pow-ers of a grand jury is the authority to initiate by a written accusation an action for removal from office of any officer of a city, county or other political subdivision of this state," quoted the judge. When contacted by the Record, Judge Croft explained explain-ed he would have to research the action should the grand jury return an accusation of removal from office. Utah State law has what is called "equity cases" which are not entitled to jury trials but are instead decided by the court after a public hearing. If the judge held an accusation for removal from public olffice was an equity case, the court could then simply carry out the penalty which is removal from office andor a fine. Judge Croft expressed concern that the nature of public office may require different application of equity laws. Grand jurors were also told they had the power to recommend changes in government gov-ernment procedure if they found it necessary. Again, it was not clear how those changes would specifically be implemented. not sufficient to justify conviction, then you should exercise your judgment to refuse to return an indictment." indict-ment." Indictments or accusations accu-sations can be returned at any time while the grand jury is in session. He urged jurors to make their decisions without "fear or favor but with reason, common sense and caution." He explained indictments or accusations damage individuals indivi-duals regardless of subse quent trials resulting in acquittals. Such damage he said "cannot be rectified by the court or otherwise." The jury now begins its work by arranging its own meeting times. The basis for such a proceeding said the judge was high crimes and misdemeanors misde-meanors or malfeasance in office. He defined malfeasance malfea-sance in office as "the wrongful doing of an official act with evil intent or motive or such gross negligence as to be equivalent to fraud." He then explained the accusation procedure was separate from the jury's power to'indict. According to the judge's instructions, an indictment would involve criminal charges and a resulting trial by jury. The instructions were unclear on the aftermath of an accusation. Judge Croft's instructions were delivered by him without interruption. He charged the jury with a serious responsibility that involves the spending of tax dollars. "Every taxpayer in the state is paying for this not just the taxpayers in Summit County," said the judge and he urged them to spend the money wisely. He told jurors "if you are satisfied that evidence presented pre-sented taken as a whole, would justify a conviction by a trial jury, you should return an indictment. On the other hand, if you believe the evidence presented to you is |