03/31/2006

Under a cloak of secrecy, a special grand jury convenes

F.M. Wiggins , Staff Writer

 

PETERSBURG - While not exactly a legal rarity, a special grand jury in Petersburg is unusual. The legal body hears criminal evidence in a case and reports its findings to a judge.

Circuit Court Clerk Benjamin O. Scott said that in the 14 years he has served the city, he has never had to deal with one.  
"This is the first one I can remember," said Scott. "This is something that is real, and it is moving forward and under a cloak of secrecy. But, that's the nature of a special grand jury." 
A grand jury, made up of city residents, reconvened Monday and requested a special grand jury after hearing evidence and testimony from witnesses. The special grand jury will also be made up of Petersburg residents. 
Judge Richard Taylor Jr. from Richmond's 13th Judicial Circuit was appointed as the special judge in the case in a letter on Jan. 18. A special prosecutor, Nancy Parr, the Chesapeake commonwealth's attorney, has also been appointed in the case. 
Parr said she was appointed as the special prosecutor in the case in April 2005 and that she was appointed because of a conflict the Petersburg Commonwealth's Attorney Cassandra Burns has with the case.  
Scott said he could not discuss why the grand jury met or decided to request the special grand jury. The evidence and testimony are under seal in court records. 
The court clerk added that soon not much more may be heard of the criminal case unless it reaches trial. Taylor is expected to issue a gag order in the case later today. 
"The state Supreme Court is going to designate a special grand jury and it will be impaneled," said Scott. "The special prosecutor will present the evidence and testimony of witnesses to the special grand jury." 
Scott said while a regular grand jury may last three weeks, a special grand jury has an indefinite term.  
"There's no way to estimate how long this special grand jury will last," Parr said. She added that the next hearing is scheduled for April 24. "It is a secret proceeding, and no one can know what's going on. These hearings won't be open to the public." 
Parr said she couldn't discuss the specifics of the case in which the special grand jury has been called.  
"When a special grand jury is impaneled at the request of a regular grand jury, it will file a report of its findings with the court," said Parr. "The court will keep the report under seal until it decides otherwise." 
Parr said that the report may then be provided to the commonwealth's attorney by the judge.  
"Any bill of indictment for alleged criminal offenses which may follow as a result of the report of the special grand jury will be prepared by the commonwealth's attorney," Parr said.  
* F.M. Wiggins may be reached at 732-3456, ext. 254.