United States of America, Cross-Appellee v. Karen Eccles, Cross-Appellant

Karen Eccles brings an interlocutory appeal from the district court’s denial of her motions for dismissal of her indictment, disqualification of the prosecutor, and disclosure of grand jury transcripts. In addition, the government appeals and Eccles cross-appeals from the district court’s order granting in part and denying in part the defendant’s motion to suppress state- mente she made to government agents and attorneys.

On October 4, 1984, the defendant was indicted by a federal grand jury sitting in the Central District of California in a prosecution brought by a Department of Justice “Strike Force.” Eccles was charged with five counts of making false declarations before the district court in violation of 18 U.S.C. § 1623 (1982). The indictment arose from statements that Eccles made during testimony in a suppression hearing in United States v. Simpson, 813 F.2d 1462 (9th Cir.1987), cert. denied, — U.S. -, 108 S.Ct. 233 , 98 L.Ed.2d 192 (1987). These statements were inconsistent with statements that Eccles subsequently made to government agents and attorneys.

The court suppressed all statements made by the defendant prior to the appearance of a deputy public defender appointed…