In Re Grand Jury Proceedings. David Kinamon v. United States

INTRODUCTION

David Kinamon (“Kinamon”) interlocutorily appeals the district court’s order denying his ex parte motion to quash a grand jury subpoena of the Reno police department’s internal investigation report of an incident between Kinamon and other Reno police officers. We REVERSE and REMAND.

BACKGROUND

Kinamon is an officer in the Reno, Nevada police department (“RPD”). The RPD conducted an internal affairs investigation into Kinamon’s December 1991 arrest of George John Bermeo (“Bermeo”) in a Reno, Nevada casino detention room, concerning allegations that Kinamon violated Bermeo’s rights. During this investigation, the RPD informed Kinamon, in a written “admonishment,” that he would be required to answer all questions related to the performance of his official duties, subject to potential dismissal if he refused to answer. This admonishment additionally advised Kinamon that “[any] statements or any information or evidence which is gained by reason of such interrogation cannot be used against you in a criminal proceeding.” Lieutenant Ondra Berry of the RPD participated in the investigation and filed an affidavit (the “Berry Affidavit”) attesting that the report resulting…