Grand Jury Will be Called April 24
For the first time in more than 10 years, a Grand Jury will be called April 24 in Delaware County.
It results from a petition filed by Earl Barnes, Grove resident, to investigate conduct by Grove City Manager Bill Galletly, Mayor Carolyn Nuckolls, and Councilor David Helms, on various charges of violations of the Open Meetings Act, bid splitting, the city bidding ordinance and improperly worded council agendas.
Much of this has previously been addressed by District Attorney Eddie Wyant. A District Court trial earlier this month resulted in a conviction for Galletly on charges of bid splitting. He was fined $500 on the misdemeanor and has appealed the jury decision to the State Court of Criminal Appeals.
The certification of the petition this week brings more questions than answers at the County Courthouse.
Since the petition specifically requested disqualification of the entire District Attorney's office, who will prosecute? Where will the jury come from? Who are the attorneys and witnesses?
District Court Judge Barry Denny said Wednesday that the prosecutor could probably come from another nearby county, an assistant district attorney; another courthouse source said an assistant district attorney from Cherokee County might prosecute. The jury would be impaneled in the same manner as any jury, from rolls or lists within the county. There is no judge during the conduct of a Grand Jury, except to rule on privilege issues or issues relating to contempt. Normal rules of evidence do not apply to a grand jury investigation.
The roll of a Grand Jury is to determine "probable cause" for the return of an indictment. The jury hears only cases brought to it by the prosecutor; the prosecutor decides which witnesses to call and which will receive immunity for testifying. The grand jury members are generally permitted to ask questions at the end of a witness's testimony.
Proceedings in a Grand Jury are secret; only the witnesses and attorneys are present, there is no media or public allowed in the room. Some have called a Grand Jury investigation nothing more than "a witch hunt." A Grand Jury can go beyond the original petition if it chooses, exploring back in time in any direction.
For more information on Grand Jury proceedings, please go to www.abanet.org/media/faqjury.html
The Barnes petition contained 675 names; 45 were ruled invalid, another 15 were duplicates, leaving 615 as valid, according to the County Election Board.
Signing the petition were a number of owners of Grove businesses; airport trust authority members and their supporters; the airport manager; a couple of local attorneys, and ex-councilmen and their followers. Those wishing to see the complete list may do so at the Court Clerk's office, file # CV-2006-76.
City Manager Bill Galletly said the next Council meeting would address the issue of legal defense for himself, Helms and Nuckolls.
The last Grand Jury in Delaware County was in 1996 involving the Grove School Board and one of its members, according to the clerk's office.
It results from a petition filed by Earl Barnes, Grove resident, to investigate conduct by Grove City Manager Bill Galletly, Mayor Carolyn Nuckolls, and Councilor David Helms, on various charges of violations of the Open Meetings Act, bid splitting, the city bidding ordinance and improperly worded council agendas.
Much of this has previously been addressed by District Attorney Eddie Wyant. A District Court trial earlier this month resulted in a conviction for Galletly on charges of bid splitting. He was fined $500 on the misdemeanor and has appealed the jury decision to the State Court of Criminal Appeals.
The certification of the petition this week brings more questions than answers at the County Courthouse.
Since the petition specifically requested disqualification of the entire District Attorney's office, who will prosecute? Where will the jury come from? Who are the attorneys and witnesses?
District Court Judge Barry Denny said Wednesday that the prosecutor could probably come from another nearby county, an assistant district attorney; another courthouse source said an assistant district attorney from Cherokee County might prosecute. The jury would be impaneled in the same manner as any jury, from rolls or lists within the county. There is no judge during the conduct of a Grand Jury, except to rule on privilege issues or issues relating to contempt. Normal rules of evidence do not apply to a grand jury investigation.
The roll of a Grand Jury is to determine "probable cause" for the return of an indictment. The jury hears only cases brought to it by the prosecutor; the prosecutor decides which witnesses to call and which will receive immunity for testifying. The grand jury members are generally permitted to ask questions at the end of a witness's testimony.
Proceedings in a Grand Jury are secret; only the witnesses and attorneys are present, there is no media or public allowed in the room. Some have called a Grand Jury investigation nothing more than "a witch hunt." A Grand Jury can go beyond the original petition if it chooses, exploring back in time in any direction.
For more information on Grand Jury proceedings, please go to www.abanet.org/media/faqjury.html
The Barnes petition contained 675 names; 45 were ruled invalid, another 15 were duplicates, leaving 615 as valid, according to the County Election Board.
Signing the petition were a number of owners of Grove businesses; airport trust authority members and their supporters; the airport manager; a couple of local attorneys, and ex-councilmen and their followers. Those wishing to see the complete list may do so at the Court Clerk's office, file # CV-2006-76.
City Manager Bill Galletly said the next Council meeting would address the issue of legal defense for himself, Helms and Nuckolls.
The last Grand Jury in Delaware County was in 1996 involving the Grove School Board and one of its members, according to the clerk's office.
posted by Editor | 1:30 AM
2 Comments:
Its unfortunate that in the town of Grove this issue has become such a problem. The exposuer from state newspapers and media will surely not benefit the community. We live under the rule of law. As such all of us must abide by that law. It appears that laws may have been broken and justice should be served.
I was very dissapointed in the March 21st council meeting when exceutive session was not passed regarding discusssion of these very issues. Larry Parham brought to the table a possable solution to be discussed [ A none action item]. As expected the New Good Old Boys turned it down. I have not been involved in City politics till recently and never new the old good old boys. I have however seen three votes on the council that appear to be motivated by other then whats best for Grove.
All of this could very possably have been put to rest by simply discussing options For the City Manager. I don't mean firing him either. There is always a way to dealing with a problem and sometimes the most obvious is just far enough away where we can't quite see it. Yet if we pursue our quest for a solution the answers become clearer. Those that have there protective shield around the City Manager do not see this. The unfortunate fact is that there blindness could harm the City Manager forcing them to take an action causing personal and finacial hardship that could be unnecessary. I for one would not want to see the City Manager thrown out on the streets with his bags. But with all the ensueing trials to come and the three council members protecting rather then searching for a safe out. it appears to me that one day the only resolution will come down hard and fast with the firing of the City Manager.
Since I have been paying attention it appears to me that the City manager will in time pay the price for the deriliction and negligence of two councilers. Its ironic that those two very council members are also named in the Grand Jury petition. I wonder when there going to make that decision to save there own Butts!
In the mean time the City Manager will be left to Wither on the Vine!
Troy Kyman
Troy,
You show condern for the city manager; and you admit that you are unfamiliar with the "old good ole boys." Maybe you should familiarize yourself with them. It is because the city manager is a professional and a man of honor and principle that the "old good ole boys" are out to get him. The councel members you mention are also honorable people that want nothing more than for Grove to prosper. Do some digging, just what has Earl Barnes got against these good honest and upright people anyway?
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