Grand jury continues inquiry on Fletcher despite ridicule

29 Oct 2005 // The special grand jury that is considering the personnel investigation of Gov. Ernie Fletcher's administration has been derided, chided, chastised and criticized. And apparently, they're tired of it.

Franklin County Circuit Judge William Graham has twice taken the unusual step of reassuring the members of the panel that their work cannot be shut down by the governor's office or even the prosecutor and they cannot be sued for their actions.

But on Thursday, after the latest round of court proceedings during which the grand jury's continued existence was questioned, the forewoman of the panel seemed ready to vent.

Jurors wanted to make a public statement, she said. "We're tired of being..." she began, before Graham cut her off.

Like the sentiments of the jurors, their work remains largely secret.

And while it is a special grand jury, so designated because it was created solely to consider specific topics, the only thing really different about it is the workload.

After a Transportation Cabinet employee went to Attorney General Greg Stumbo's office in May with evidence that personnel decisions were being based on political considerations instead of merit, as the law requires, prosecutors decided the work was more than the regular Franklin County grand jury could handle.

The concept of grand juries is ancient. When King John was presented with the Magna Carta in 1215, it contained the sentiment that "No freemen shall be taken, imprisoned ... or in any other way destroyed except by the lawful judgment of his peers," according to the translation contained in the U.S. Archives.

The idea was that the crown - or in latter day America, the government - should not be allowed to charge people with crimes as it sees fit. Instead, one's fellow citizens must be consulted and agree.

Article III of the U.S. Constitution ensures a trial by jury. And the Fifth Amendment includes the directive that no one can be charged with a serious crime except by "presentment or indictment of a Grand Jury," as well as the protection against forced self-incrimination that is often invoked during proceedings.

The Kentucky Constitution includes the requirement that a grand jury consists of 12 people, at least nine of whom must agree in order to return an indictment.

The authority and even future of this grand jury is in question. Fletcher's lawyer, Sheryl Snyder, has said pardons the governor issued on Aug. 29 extend to anyone who might be charged. Therefore, Snyder argued, there are no crimes that can be returned and the grand jury must stop.

The lone exception to that is Fletcher himself, because he did not include himself in the amnesty.

Graham on Thursday told jurors he has not yet ruled on that motion.