In the Matter of Richard Wellins, a Witness Before the Grand Jury. United States of America v. Richard Wellins

Richard Wellins has appealed from the order of the district court adjudging him in contempt for his refusal to testify as a witness before the Grand Jury after having been granted use immunity.

Wellins contends that he should not be compelled to testify before the Grand Jury because of the promise made to him by agents of the government that “information supplied by appellant would be kept confidential between the office of the United States Attorney and the DEA.” (Appellant’s opening brief page 6 lines 11-12) We disagree. No promise was made to Wellins that he would not be required to testify before the Grand Jury.

District Court Judge Manuel L. Real found Wellins in contempt and ordered him incarcerated until he decided to testify or for “the life of the Grand Jury, whichever is shortest” on August 11, 1980. Notice of appeal was filed in this court on August 12, 1980. No testimony was presented to Judge Real by either side at the hearing on the order to show cause as to whether Wellins should not be held in contempt for his refusal to testify before the Grand Jury on July 30, 1980, despite the July 29, 1980 order of the district court which granted him use immunity pursuant to…