Grand Jury Will be Called April 24
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.