The grand jury and the secrecy surrounding it, dates back toold English common law. A juror is supposed to forma judgment based only on the facts presented to them. Therefore, the jurors aren’tsupposed to communicate with anyone concerning the case. The jury does create a report, but you won’tfind a record of it, since it is not a public record. They remain secret, unlessa judge orders otherwise.
The secrecy is to make witnesses more comfortable to testify,and prevents information from leaking that could destroy someone’s life when thejury hasn’t even determined if there is enough evidence to go trial, which isthe purpose of the grand jury. Secrecy also helps prevent future witnesstampering.
If there is suspected malfeasance, it should be reported tothe judge. Although no judge sits with the grand jury, a judge does presideover the case. You can call Circuit court and ask who is presiding. I doubt ifknowing about malfeasance would defeat the charge to maintain secrecy. I don’tknow what the penalty is for violation the oath.
The Commonwealth attorney als has an interest in the proceedings. You could report to him first. Obviously, if he has any part in the malfeasance, that won't work.
Langdon Hagen-Long
On Monday, June 1, 2020, 8:32:27 AM EDT, Henry Wiencek <[log in to unmask]> wrote:
Grand jurors meet and decide in secrecy. Can anyone tell me the basis in VA
law for this secrecy and what penalties can befall jurors who encounter
unmistakable malfeasance in a Grand Jury session? Can knowledge of
malfeasance defeat the secrecy regulation? I have found it interesting that
there are no records of Grand Jury sessions in Cville.
Many thanks,
Henry Wiencek
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