Inside the Grand Jury...by Stan Driver

By Stan Driver

What do you do when summoned to appear before a grand jury?
What, when, where and how a grand jury convenes and operates are not everyday topics. It has been 10 years since the last one in Delaware County and most people haven’t a clue. If they go to the selection process where jurors' names are drawn publicly, they can find out who the jurors are, after that most things are unknown.
When I was summoned, even the term "Grand Jury", was intimidating. I knew it included a maze of procedures that many attorneys can’t explain and is sometimes portrayed in the press as a "super jury."

My reason for going before the Delaware County Grand Jury began when I was asked by a group of citizens to present public documents on alleged illegal activity in the county.
Where do you present the information? Not being a lawyer I thought it went to the prosecutor, then to the jury, wrong answer.

After some phone tag, Special Prosecutor Gene Haynes informed me that you put a cover letter describing the alleged activities in a sealed envelope and take it to the Grand Jury Bailiff, in Jay.
I had a stack of additional documents, but was told to hold off on those, and if the Grand Jury wanted to see them, I would be called.

Sure enough, a few days later a call came from an investigator for the Special Prosecutor. He asked, "Sir, could you be at the Grand Jury in Jay Oklahoma Monday at 12:00 to testify?" His tone was polite, his conversation short and professional. "Of course," I replied.
Parking at the courthouse in Jay on Monday I looked apprehensively at the large double glass doors. I mentally went over my notes, checked my folder of documents and wondered "What am I doing here?"

The situation reminded me of my first airborne jump, I knew my equipment was right, my training was excellent, and my "stuff" was together, BUT, those words "stand in the door" were coming soon and then I’d take a big step into the unknown. A big difference, there is no school for facing a Grand Jury.
My instructions were to report to the Bailiff at the entrance to the Delaware County Commissioners meeting room.
I have been in the courthouse at least 100 times over the years and know a lot of people that work there, but that didn’t make the walk down the shiny tile hallway any easier.
Al Allen has bailiff duty for the Grand Jury. He was at his post, smiling, courteous and friendly. He told me the jury was still at lunch. No problem, after 21 years in the military, I know how to wait.

As we visited Al explained a few things to me about a Grand Jury. You don’t have to be a registered voter to serve on the jury, just a resident of the county. The pool of names for jury selection is provided by the drivers license bureau and the prosecutor is there only as a legal advisor.
The windows of the meeting room were covered with paper, a bit foreboding, but I guess if someone outside could read lips, perhaps they could tell some of what’s being said.

Once the jurors were back from lunch, Mr. Allen locked them in the room. If they came out, unlock, back in lock in. Sort of like "clap on, clap off" only he held the key.
After a while, Special Prosecutor Gene Haynes came out and explained the procedure in the jury room to me. He was soft spoken and articulate. His smile and demeanor made me feel better. "Well maybe it won’t be so tough after all." I thought.
I was called in and the Jury Foreman swore me in. He didn’t miss a word or stammer once on the oath. He took his job seriously and that was reassuring.

My seat was behind the tall counter where the commissioners normally sit. This placed me next to the court recorder; I faced the jurors who were on the benches normally used by the attendees at commissioners meetings.
Prosecutor Haynes asked me to identify myself and give a short bio on my background. I did,
Scanning the room. I recognized a few of the faces, but there wasn’t anyone I knew really well. When I ran for office a few years back, I probably shook a lot of their hands.
The jury appeared about equal as far as gender, although I feel it had no bearing on the issues.
As I looked around the room, I realized these jurors are neighbors, folks that work, have families, and share a lot of the same aches and pains that I do. Not one glared, wore a hat of the inquisition, a long black robe, or projected any hostility. They really seemed interested in what I had to say.
I thanked them for being there. They’ve been pulled away from their jobs, family and daily routine to serve our legal system.

The courtroom procedure was rather informal. The jurors determine how it is run, and what the hours are, not a judge.
I stated what I had brought before them, and read some of the documents that referred to alleged instances of illegal activity. This took about two hours. We had to take a break at one point, the law of nature is recognized by this jury.
The Jurors were polite, always letting me finish a statement before asking a question. Their questions were to the point, intelligent and sometimes sought clarification. They generally smiled. No hostile or controversial comments were made and no one gave an indication of agreement or disagreement with the issues I talked about. I felt they were making up their own minds.

After I finished with each allegation, authority and documentation, Prosecutor Haynes would indicate for the court the document I had submitted; then he would label it as a Grand Jury Exhibit. At one point he explained that if an indictment weren’t made on an allegation, the documentation would be sealed, locked away and never returned. This was great news to me. If any of the allegations do not warrant further investigation by this Grand Jury, then let's bury that issue forever.

Leaving the jury room I reflected, it wasn’t so bad after all. My fear was unfounded and my apprehension unwarranted and walking down the hall, even the doors to the courthouse looked smaller.
Looking back from the parking lot, I decided, "Win, lose or draw, we citizens of Delaware County have 12 jurors that are working hard to do what they feel is right, and that’s all we can ask for."

(Editors Note: Stan Driver is a long time Grove area resident, former politicial office candidate, and former reporter for the Grove Sun Daily)