United States v. Barbara Jean Fitch, and Robert Keelan Meisel, Jr., Grand Jury Witnesses, Charles Farrell Malone, Attempted Intervenor
Opinion
Opinion
Fitch and Meisel have been adjudged guilty of civil contempt (after having been granted “use” immunity) for refusal to testify before a federal grand jury. Malone, already under indictment, sought to intervene. This was denied. All three appeal.
We list most of the contentions and our responses:
1. That the witnesses claimed their sometime attorney had been subject to electronic surveillance by someone and they were denied an opportunity to substantiate their claim or to fully explore it.
2. That the witnesses were denied access to statements they have made.
3. That the questioning of appellants was an abuse of the grand jury process in that the purpose was to prepare for trial of indictments.
4. That appellants were not given adequate notice of hearing.
5. That the witnesses were entitled to have their counsel along when appearing before the grand jury.
6. That the grand jury was improperly constituted.
7. That appellants were entitled to an assurance that they would receive a copy of the transcript of such testimony as they might give.
8. That it was error to refuse to permit Malone, already under indictment, to intervene as a party.