Judge won't unseal Rocky Flats jury testimony
By Jean Torkelson, Rocky Mountain NewsTuesday, May 6, 2008
The jurors' lips remain sealed.
A 20-year legal effort to win release of potentially explosive Rocky Flats grand jury documents fell short Monday when a federal judge ruled that the jurors' testimony must stay secret.
U.S. District Judge Richard Matsch did, however, release a sea of supporting documents that pertain to the grand jury investigation, begun in 1989, over the environmental cleanup of the Rocky Flats nuclear weapons plant.
The grand jurors alleged that prosecutors engaged in misconduct and potentially criminal acts during the grand jury probe.
Matsch refused Monday to unseal the crucial material - the actual transcripts of the grand jurors testifying behind closed doors about alleged prosecutorial misconduct.
The material also includes a statement, called a proffer, from their attorney, Jonathan Turley, detailing his clients' charges. The questioning of the grand jurors by Turley, a nongovernment attorney, set a legal precedent.
That critical material remains out of bounds, Matsch ruled, because grand jury material enjoys a high degree of protection and can be released only under very narrow circumstances, such as a pending investigation.
Without those two critical pieces released, Monday's victory is limited, Turley said.
The documents released Monday include routine material, such as pleadings and motions.
"It's a small victory in the sense we've got some information released, but it's not what we've been fighting for since 1989 - to tell the people of Colorado and Congress what really happened inside that grand jury room," Turley said.
Turley said he's considering his options. One is to file another appeal to the 10th Circuit Court.
More immediately, he's making plans to ask Colorado's congressional delegation to mount an investigation and subpoena the transcripts.
"If Congress asked for the transcripts, the court would very likely release them," he said.
Until now, lawmakers have stood back, waiting for the legal process to play out.
The time for action has come, Turley said.
"At some point the Colorado delegation has got to help these citizens out," he said. "These are housewives and bartenders and coaches - people who committed over 20 years of their lives to trying to fulfill their oath. They swore to God they would not allow anyone to prevent them from doing their duty."
torkelsonj@RockyMountainNews.com or 303-954-5055
[This story was also covered in the Denver Post. Or for more details see The Ambushed Grand Jury.]
The reason that grand jury information is not released is to protect the reputation of people who are investigated but not prosecuted. The trial, if any, is the public record. It is fair. Can you imagine the nasty backbiting that would occur if grand jury information were all released?
ReplyDeleteWhy is this news? Why is this supposed to be important to LANL or the blog? What would be the impact if the information were released? That might be interesting to know.
"Can you imagine the nasty backbiting that would occur if grand jury information were all released?"
ReplyDeleteI agree. If these data were released it would just be fodder for the lawyers (science/facts be damned).
It is an environmental thing. Hence Frank posted it to the blog. THat is essentially what this is about now, in case you had not noticed. Maybe someone can start a "LANL: The Stories People Actually Give a Shit About" blog.
ReplyDeleteSorry...I guess that was needlessly harsh. I'm just a bit tired of the constant stream of enviro stories with either marginal information or nebulous ties to LANL.
To 7:19, why do you continue to read the enviro-stories, if you are so tired of them?
ReplyDelete8:56 pm: "To 7:19, why do you continue to read the enviro-stories, if you are so tired of them?"
ReplyDeleteMaybe, like most of us, he keeps hoping there will be something related to the title of this blog. However, with a blog administrator not even resident in NM, and never an employee of LANL, this is unlikely. However, regardless of the initial post, the subject of most threads gets aroung to LANL stuff. Eventually, Frank will give this up since he must be starting to realize he is out of touch with the concerns of LANL employees. He actually doesn't have a clue. The tone, not to say the spirit, of this blog can't hold a candle to its predecessors.
5/7/08 10:09 PM,
ReplyDeleteI think that criticism was way too harsh. Lots of stuff on the blog is interesting and potentially useful. Frank's efforts are appreciated. I do agree that a change in editorial policy to make things more balanced wouldn't hurt.
Come on, this is the only 'open' blog at LANL. If employee's are not content, maybe you could start your own, but for now read it and shut up.
ReplyDelete9:50 am: "read it and shut up."
ReplyDeleteUh, I thought the purpose of a blog was to "read it and post a reply." When did the "important" posters get to tell others to "shut up"?? I guess the Santa Fe envirofascists get a bigger say from Frank.
WTF are "envirofascists," Rush?
ReplyDelete5/8 10:52 pm: "WTF are "envirofascists," Rush?"
ReplyDeleteEdited from the M-W online entry to be specific to environmental issues: "a political philosophy, movement, or regime (as that of the Fascisti) that exalts THE ENVIRONMENT above the individual and that stands for a centralized autocratic government...and forcible suppression of opposition"
Thanks, I was able to figure out the meaning of "envirofascists" all by my little self.
ReplyDeleteHowever, there is no such thing outside of the fevered imaginations of Rush Limbaugh-style wackos.
Sure, there's no such thing. Nothing to see here, folks, just keep moving. Nothing to worry about, your government will take care of everything. Keep moving, nothing to see here...
ReplyDelete2:04 pm: "Thanks, I was able to figure out the meaning of "envirofascists" all by my little self."
ReplyDeleteThen why ask? And if you think they don't exist, just ask them (the environmentalist "global warming" nazis) if they'd be willing to enforce their beliefs on other people "to save the planet." Even if it meant imprisoning or killing people who don't comply.
"The reason that grand jury information is not released is to protect the reputation of people who are investigated but not prosecuted."
ReplyDeleteThe grand jurors are alleging wrongdoing by the prosecutors, not the defendants. At least that was my understanding. Am I wrong?
And LANL is now RFP-South/lite. That's why I posted this story.
Have you ever wondered where LANL would be today had RF operated responsibly and remained open?
Finally, I'll try to find a LANL connection to a baby seal hunt or whaling story just to rile up Mr. "enviro".
Cheers!
5/10 12:44 am: "Finally, I'll try to find a LANL connection to a baby seal hunt or whaling story just to rile up Mr. "enviro"."
ReplyDelete"Mr. Enviro" doesn't give a shit about seals or whales. Kill all you want. He'd just like to know what you are going to do when gas is $8.00 a gallon and the only cars the government will let you buy are electric hybrids that cost $60,000 and fall apart in a couple of years from corrosion. But, you'll be able to bathe in pristine Pacific waters (except of course for the garbage floating over from China). Plus, you won't be allowed to set your thermostat above 60F in winter or below 80F in summer. Want to buy food? Bring megabucks, because the whole world is growing corn for ethanol instead of food. Try to get used to SADD-causing fluorescents because incandescents are outlawed. Don't even think of growing a plant outdoors - watering is not allowed. In fact, in dry states, personal showers are limited to once a week. Yep, it'll be an envirofascist heaven.