Filed: May 08, 2012
Latest Update: May 08, 2012
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter is before me on defendant's Motion For Disclosure of Grand Jury Testimony 1 [#15] 2 filed April 12, 2012. I deny the motion. 3 Mr. Brown requests the entry of an order granting him a transcript of all testimony presented to the grand jury. See Motion at 1. Mr. Brown claims that these transcripts are necessary for three general reasons: (1) to impeach witnesses at trial; (2) to prepare for motions hearings and trial; and (3) to identi
Summary: ORDER ROBERT E. BLACKBURN, District Judge. The matter is before me on defendant's Motion For Disclosure of Grand Jury Testimony 1 [#15] 2 filed April 12, 2012. I deny the motion. 3 Mr. Brown requests the entry of an order granting him a transcript of all testimony presented to the grand jury. See Motion at 1. Mr. Brown claims that these transcripts are necessary for three general reasons: (1) to impeach witnesses at trial; (2) to prepare for motions hearings and trial; and (3) to identif..
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ORDER
ROBERT E. BLACKBURN, District Judge.
The matter is before me on defendant's Motion For Disclosure of Grand Jury Testimony1[#15]2 filed April 12, 2012. I deny the motion.3
Mr. Brown requests the entry of an order granting him a transcript of all testimony presented to the grand jury. See Motion at 1. Mr. Brown claims that these transcripts are necessary for three general reasons: (1) to impeach witnesses at trial; (2) to prepare for motions hearings and trial; and (3) to identify the statements allegedly made by Mr. Brown to law enforcement. See id. at ¶¶ 1, 2, and 3.
However, no particularized need or compelling necessity is offered here; therefore, the defendant fails to carry his burden to warrant disclosure of secret grand jury proceedings. Disclosure of grand jury materials is appropriate only in those cases where the defendant's need for the otherwise secret information outweighs the public interest in secrecy. Douglas Oil Co. v. Petrol Stop Northwest, et al., 441 U.S. 211, 223 (1979). The burden for production rests on the party seeking disclosure, id., and the showing of need for the grand jury materials must be made with particularity. Id. Mr. Brown has not pleaded or made the particularized showing necessary to pierce the veil of secrecy necessary to sustain grand jury proceedings. Thus, the motion must be denied.
THEREFORE, IT IS ORDERED that defendant's Motion For Disclosure of Grand Jury Testimony [#15] filed April 12, 2012, is DENIED.
