Holding Court is a column by retired Rye City Court Judge Joe Latwin. Latwin retired from the court in December 2022 after thirteen years of service to the City. Latwin appeared on Episode 8 of Season 1 of our podcast MyRye.com Conversations with Doug French. Listen to learn more about Latwin and the Rye City Courts.
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Grand Juries
The Fifth Amendment to the U.S. Constitution reads, “No person shall be held to answer for a capital, or otherwise infamous crime, unless on a presentment or indictment of a grand jury.” This was intended to limit the power of the King and his prosecutors and protect innocent civilians from unfounded charges. The Grand Jury is an arm of the court and subject to court supervision.
A Grand Jury is composed of between 16 and 23 jurors. To indict requires the presence of at least 16 jurors and must be by a vote of at least 12 jurors that heard all the essential evidence.
The Grand Jury has the authority to investigate and may have subpoenas issued in its name to compel the testimony of witnesses or the production of things or documents. At the conclusion of its business, the Grand Jury may issue a report, for instances recommending legislative action, or indict or not.
Grand Juries are unlike other court proceedings. They are secret. It is a felony for witnesses to disclose testimony once they leave the Grand Jury room. Only Grand Jurors are permitted in the room with few exceptions permitted by law, such as the District Attorney, a clerk, a stenographer, an interpreter, and a police officer holding a witness in custody. No investigated parties, attorneys or the public are permitted in the Grand Jury room. There is no cross-examination of witnesses.
The District Attorney calls the witnesses and presents the evidence, rules on evidence, and advises the Grand Jury. The District Attorney is not required to present exculpatory evidence. At the end of the evidence, the District Attorney will instruct the Grand Jury on the law and how it is to be applied to the facts of the case. The Grand Jury may indict if the evidence presented to it is legally sufficient to establish the accused committed the offense charged and there is reason to believe the accused committed the offense. This is a low bar. Indeed, the former Chief Judge of New York famously said district attorneys had so much influence over grand juries that, “by and large, they could get them to ‘indict a ham sandwich'” if they wanted to. That would not be kosher!
If the Grand Jury votes to indict, it issues a “True Bill.” If they decline to indict, it is a No True Bill. The indictment is usually prepared by the District Attorney as it must include the offense charged, a plain and concise factual statement of the conduct forming the basis for the specific charge, and it must be signed by the foreperson of the Grand Jury. The indictment may include more than one crime and may charge multiple defendants.
Upon issuance of an indictment, the defendant charged is brought to court and arraigned. Sometimes, indictments are sealed to allow the police time to get the defendant into custody and bring him to court.
The most common written decisions coming out of White Plains are decisions reviewing the actions of Grand Juries. Many charged with felonies will make a motion for the court to review the grand jury proceedings to ensure that the laws were complied and that there was sufficient proof presented to justify the issuance of the indictment. As you can imagine, the success rate of these motions is very low.
The term of the Grand Jury is 30 days but it may be extended. Some federal grand Juries can sit for 18 months. In Westchester, the Grand Jury sits only two or three days a week. Unlike other jurors, the jurors chosen for a Grand Jury are not questioned before being seated.
