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United States v. Fell

United States District Court, D. Vermont

April 20, 2016

UNITED STATES OF AMERICA
v.
DONALD FELL

ORDER ON MOTION FOR DISCLOSURE OF CERTAIN GRAND AND PETIT JURY INFORMATION (DOC. 664)

GEOFFREY W. CRAWFORD, JUDGE

Defendant Donald Fell has filed a Motion (Doc. 664) seeking disclosure of grand jury information relating to the Superseding Indictment returned on July 8, 2002 (Doc. 57), and also information relating to how the petit jury will be empaneled for trial in 2017. These requests (enumerated as requests "A" through "I" in the Motion) can be summarized as requests for:

1. Information about the selection and composition of the grand jury or the future petit jury;
2. Information about the vote for indictment; and
3. Information about proceedings before the grand jury.

These three areas of inquiry present different questions. The court will consider each separately.

I. Information about the Selection and Composition of the Grand Jury or Petit Jury

The specific requests are for:

(A) Any orders or records reflecting the beginning, end, or extension of the term of the indicting grand jury, or reflecting any substitution of grand jurors;

(F) All records reflecting the methods or procedures by which the indicting grand jury was impaneled and the petit jury will be impaneled;

(G) All grand jury qualification questionnaires;

(H) Copies of all jury lists involved in the selection of the grand jury or that will be involved in the selection of the petit jury; and

(I) All JS-12 or AO-12 forms completed by the Clerk of Court from April 20, 2005 to present.

The court begins analysis of these requests with Rule 6 of the Federal Rules of Criminal Procedure and the Jury Selection and Service Act, 28 U.S.C. ยงยง 1861-1869. Rule 6(b)(1) provides: "Either the government or a defendant may challenge the grand jury on the ground that it was not lawfully drawn, summoned, or selected, and may challenge an individual juror on the ground that the juror is not ...


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