In Re Alvarez

MEMORANDUM ORDER DENYING DISCLOSURE OF GRAND JURY MINUTES

On August 8, 1972, there was ordered by this court a grant of immunity pursuant to Section 6002 of Title 18, United States Code, to Aurelio Salomon Alvarez and Robert Castaneda, witnesses who were scheduled to appear before a United States grand jury investigating violations of narcotic laws.

Castaneda was taken before the grand jury where the court’s order of immunity was read and explained. Several pertinent questions were asked of Castaneda and he refused to answer some of them. For resolution of this motion, it is not necessary that the particular questions be set forth here.

Castaneda’s refusal was then brought to the court’s attention. At a hearing counsel for the witness Alvarez made an oral motion notifying the court that Alvarez would refuse to testify before the grand jury unless first assured that his testimony would be transcribed and unless he would thereafter be furnished with a transcript of his testimony. Castaneda joined in the motion.

In support of their motion, the witnesses cite In re Russo, 53 F.R.D. 564 (C.D.Cal.1971). Russo had been summoned to appear before a grand jury investigating possible…