In Re Grand Jury Proceedings, Ortloff, Foreperson. Robert Conley v. United States

Robert Conley had been incarcerated at Lompoc Correctional Institution, a federal facility, at the time a murder was committed there. His testimony was sought by a federal grand jury hearing evidence regarding the murder. Because he was then a prisoner in state custody, a writ of habeas corpus ad testificandum was issued from the federal district court to the state authorities to obtain the presence of Appellant to appear before the grand jury. No grand jury subpoena was issued to Appellant requiring him to appear and testify. Appellant refused to enter the grand jury room to give testimony.

The United States Attorney then made application to the court for an order to require Appellant to appear and show cause as to why he should not be held in criminal contempt, under 18 U.S.C. § 401 (3), and civil contempt, under 28 U.S.C. § 1826 , for his failure to testify before the grand jury. A hearing on the matter was held on June 14, 1982.

At the hearing Appellant advised the district judge that he had refused to enter the grand jury room because he claimed to have no knowledge of the matters in question. The judge told him he did have relevant information, and that if questions were…