Does a defendant have a right to Grand Jury transcripts?

Asked on
Wednesday, Jun 26, 2013

My father was indicted by a Grand Jury. He has not yet received a copy of the transcripts. Is he entitled to have them and if so, how long after the indictment can the DA wait before turning them over?

Answers

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Jul 11, 2013
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If state indictment, an absolute yes, if federal, see Conforti's comments.

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Jun 26, 2013
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Short Answer: It depends. Your father would be entitled to the grand jury transcripts of any witness that has testified before the grand jury AFTER they have testified under oath in the criminal case (Prelim, evidentiary hearing, Trial...). According to some prosecutors this means not turning over grand jury transcripts until after a witness has taken the stand in the criminal case. However, this is usually disfavored by the Judges because this tactic can cause unnecessary delays in the criminal proceeding to allow the defense enough time to adequately prepare for the cross-examination of that witness. In most cases, the prosecutor / US Attorney will turn over grand jury transcripts prior to trial for the witnesses that they know for sure are going to call to testify in an attempt to satisfy their obligations under Brady, Giglio, Jencks, ect... If you have more questions feel free to contact my office to setup a consultation. Jason Conforti (619) 274-8036