In Re Grand Jury Proceedings of Denise Garmon, in Re Grand Jury Proceedings of Courtney D. Washington

I.

INTRODUCTION.

The issue in these cases is whether a civil contempt sentence can be imposed upon a witness who is already serving a criminal sentence, thereby suspending the service of the criminal sentence during the period of the contempt confinement.

In No. 78-1154, Denise Garmon was sentenced on December 20, 1977 to 18 months’ confinement for a conviction of conspiracy to possess with intent to distribute a controlled substance. One day before her sentencing, an order compelling her testimony was signed by Chief Judge Schwartz of the Southern District of California. Garmon appeared before the Grand Jury on December 21 and refused to testify, despite the immunity which had been granted her. She then appeared before Judge Gordon Thompson, Jr., who ordered her to return to the Grand Jury and to answer their questions. After Garmon’s second refusal, she was brought before Judge Thompson who held her in civil contempt, committed her, pursuant to 28 U.S.C. § 1826 , to custody until she testified or for a period no longer than either the life of the Grand Jury or 18 months, and suspended her criminal sentence.

In No. 78-1233, Courtney Washington was convicted of the same…