Not only did a Johnson County grand jury decline to indict Planned Parenthood, it called for a review of the law used by anti-abortion activists to impanel it. Kansas is one of only six states that allows citizens to force the creation of taxpayer-financed grand juries simply by collecting signatures on a petition. No evidence of a crime is required, only an allegation. “It is the feeling of this grand jury that the current statute that addresses the formation of a grand jury be evaluated as to evidence required to call the grand jury,†the jurors said in a one-page statement released Wednesday.
Plus, “the grand jury also feels that the statute also be re-evaluated as to the percentage of the population required to convene a grand jury.†In the Johnson County grand jury’s case, that was 3,739 signatures — at least 2 percent of the number of people who voted in the last governor’s race, plus 100.
Good advice, but will the Legislature take it?
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43 Comments
Perhaps we should just have a grand jury against Operation Rescue for the questionable financial activity then ask the terrorist group if they think the grand jury process is a good idea.
The Grand Jury is too easily abused. It should be removed from our legal system.
The latest adventure from Phill (the second L is for “limp”) Kline proves only that he lacks the legal prowess to indict a ham sandwich.
Back in the Middle Ages, when the Grand Jury concept was devised (mostly by renaming it from the traditional “Star Chamber”) they were at least convened to address a crime. Lately we’ve distorted the process to find an accused and hope that the Grand Jury might come up with a crime somewhere to indict on. The State has the power to pick anyone anywhere at random and dedicate unlimited resources of investigation to indict them of *something!*
Only in Lib World:
grand jury indites Scooter Libby = good
grand jury investigates Tiller = bad
When did a Kansas grand jury investigate Scooter Libby? Besides the Libby indictments resulted from an investigation into the Valerie Plame identity leak, it wasn’t specifically directed towards Libby.
As usual neo-con nuts don’t have the facts on their side and have to redirect the issue.
“The State has the power to pick anyone anywhere at random and dedicate unlimited resources of investigation to indict them of *something!*
With the exception of the Republican elite.
Just to try to clarify –
It used to be Grand Juries were convened because there were crimes involved. They were given the evidence and determined if indictments were appropriate.
Today’s Grand Juries pick a defendant and are assigned to look for a crime.
Let’s keep this to the Kansas statute that allows the empaneling of a Grand Jury upon citizen petition, for that is what was being addressed by the Johnson County folks in the statement.
I agree the current statute needs to be at least amended (I personally prefer it be repealed) as to both: 1) evidence; 2) number of signatures.
MonkeyHawk, I’d submit that Grand Juries are still empaneled after investigation has revealed some evidence of a crime in most cases, in most jurisdictions; it is only those minority in number jurisdictions such as Kansas where a target defendant may be identified, and then enough signatures be procured on a petition to have a Grand Jury empaneled to see if there is evidence of a crime being committed by said target.
I do think the tool, as intended, has been turned on its head. But living in a county where white collar crime is routinely covered up and not even investigated, and where prosecution has been selective, I can see the value of a way to FORCE investigation and if needed, prosecution.
BTW, anyone wanna move here and run for county attorney? I think a ham sandwich could win.
According to “Jack McCoy” on “Law and Order” a good prosecutor can indict a ham sandwich… Looks like this time, Planned Parenthood was exonerated… But, if I read correctly, it wont be long before O.R. tries to come back with yet another Grand Jury… Which is why I think this citizen empaneled Grand Jury system needs to be put out of order!!
Bombing in Baghdad… Shooting at a Jerusalem school… Geez, it just doesnt stop!!
I am glad that the grand jury gave those recommendations to the Kansas Legislature. It just seemed a$$ backwards that without any proof whatsoever, a person or entity could be investigated by a grand juryg
Although I opposed this use of the Grand Jury, as well as the entire Phil Kline witch hunt and gathering of our private medical records, I’m torn on simply removing this “right” of the citizens.
Many of us don’t like a big intrusive government meddling in our lives; from wiretaps and phone call records to controlling the water coming out of my showerhead.
Many are concerned with the abuse and misuse of the laws by Bush and crew. Lowest approval rating in history.
Many obviously are concerned with the actions of congress and what they are doing. Lowest approval rating last Sep/Oct.
Many are concerned with the influence of the lobbyists in our statehouse.
Sometimes the citizens may feel they have no other method of expressing their concern and the “appearance” of inappropriate conduct by their elected “good ole boys”. Maybe they suspect unethical or immoral behavior – but lack thethe legal experts or lawyers to represent ‘the people’.
This petition “process” brings light where darkness could be hiding. It makes things known, even if there are NOT any legal findings. But until the grand jury convenes: how do you know?
Again, I agree this particular petition was a witchhunt.
But do we want to give up one of our few avenues to redress government?
Maybe tweak it. But don’t be quick to throw away a right.
AmWay – the problem I have is that the same group of zealots can call Jury after Jury to harass someone into bankruptcy. It would seem that some sort of reasonable restrictions could be put in place.
There is a black-letter provision in the 1st Amendment that gives us the right to petition the government but, as with so many constitutional rights, it’s suitably vague.
At its most extreme I could sign a “petition” by myself and subject, say, “Nathan” to arrest until a Grand Jury finally came up with a reason to indict him. That’s a corruption of the process and we’ve seen many, many more subtle manipulations of the grand jury laws.
The grand jury system is a medieval relic in our justice system. It should be banned.
I agree Ben. Tweak it somehow. Does a judge or someone look at the petition to see if it is valid/reasonable first? I know when I was involved with a petition in my city (not related to grand jury), we went to the County Clerk to ensure it was a valid petition and written correctly. Is there a way to add to the process some sort of review?
Can’t stop citizens right to petition. Maybe have consequences if it results in libel/slander?
I guess I’m just saying to people to turn the situation around – what if the subject of the investigation was Coal Plants?
Maybe all it takes is increasing the number of signatures. I don’t know.
American Way, K.S.A. 22-3001 governs impaneling of Grand Juries in Kansas. The statute sets out the form of the petition to be used and provides that the petition, when submitted to the Clerk of the District Court, is to be delivered to the County Election official to certify whether there are the statutorily required number of signatures of eligible voters thereon. Once the certification is made, the petition is presented to a panel of District Court Judges for the sole purpose of determining whether the petition is in the correct form and is certified by the official. These are the only duties of any judges concerning such a petition.
Re: your query about defamation. I speculate that there might well be a limited privilege connected with such a petition. No authority, no citation; such a privilege would, unless found to not apply, preclude any defamation action.
Well, go-ll-ey, Sargent Carter!
I never knew this: “Kansas is one of only six states that allows citizens to force the creation of taxpayer-financed grand juries simply by collecting signatures on a petition. No evidence of a crime is required, only an allegation.”
We should force Pat Roberts to face a grand jury for stalling the Intelligence Committee report . . .
Uh, Capn, I guess go for it, if you can find a state law which you could allege he violated and get enough signatures. BTW, in which county would venue lie? :-)
The grand jury could be empowered to award damages, cost of taxpayer dollars, cost of attorney’s for investigatons that they thought were completely without merit.
Phantom, I understand your thought. I don’t think it flies, given the various restrictions that traditionally are placed on Grand Jury proceedings. If this were to be adopted, eventually the result would be don’t have trials before petit juries; just have the Grand Jury be the accuser, judge and jury and be done with it.
Come on Doug you’re down there in Sedgewick co…get a grand jury petition against OR.
Rhonda, why don’t you call Lance Kinzer and ask him if he’ll support changing the law on calling forth a grand jury.
Rest assured, since ole Zigfried SAID they must contact opposition to such a law proposal, everyone should get contacted..
Why not investigate why Zigfried is saying that ops need to be contacted before a hearing in Congress, but then fails to do it when it’s the side he opposes.
Come on Doug you’re down there in Sedgewick co…get a grand jury petition against OR.
Rhonda, why don’t you call Lance Kinzer and ask him if he’ll support changing the law on calling forth a grand jury.
Rest assured, since ole Zigfried SAID they must contact opposition to such a law proposal, everyone should get contacted..
Why not investigate why Zigfried is saying that ops need to be contacted before a hearing in Congress, but then fails to do it when it’s the side he opposes.
Ok, they could make a recommendation, and a judge could award, afer a review. Something needs to be done to prevent grand juries from becoming an instrument of intimidation and harrassment.
Gee, I don’t know. There are so many things a grand jury could investigate:
Churches circulating petitions to influence legislation and use grand jurys to harass nonbelievers.
Payments by lobbyists to buy legislation allowing certain coal companies to sell power to Colorado and leave the pollution in Kansas.
Conflict of interest by legislatures regarding legislators opposing casinos because it would take business from their own bingo parlors, or because they were being paid by existing casinos to oppose any competition.
Business interests who contribute to local campaigns in exchange for contracts to build unneeded and poorly located arenas at taxpayer expense.
I’m sure we could find even more if we had a grand jury investigate everything, so it can determine what needs to be investigated! Sign Here!
No the legislature would not like it. Their kicking around the idea of a Grand Jury Invesigation for the creator of “Don’t Pick Up The Soap!”
I would think citizen requested Grand Juries still have a function.
Can’t think of a better way, especially in small communities to break up a GOBN. :)
Regular – I agree. However, perhaps a higher bar than 2%?
I think 48 other states live without this grand jury by petition scheme that is now being misused by extremists. I think Kansas could live without it too. I like the concept of the law, but with the current round of abuses… fergetabboudit.
If you investigate someone, anyone, long enough, you will find evidence of SOME crime, even if the Grand Jury it’s self manufactures the crime.
Witness the Kenneth Starr witch hunt against Bill Clinton.
They started with Whitewater – found nothing there – and continued until they tripped him up with the Paula Jones – Monica Lewinsky fiasco.
Imagine if a Grand Jury/Special Prosecutor investigated George W Bush with an unlimited budget and unlimited resources.
Eh?
That too was a total abuse of the system. Had Clinton not been a popular president with some rich friends I bet it would have bankrupted him.
I think the anti’s have not done their organization any good with these repeated grand jury schemes. Guess if they convene enough of them eventually they’ll get a jury they want and refer for prosecution,or alternatively do some financial damage to their target.
The Grand Jury was formed as a system of checks and balances to prevent prosecutors from charging an accused for a crime in which there was no evidence. What happened here was a complete perversion of the process where the grand jury was charged with investigating a person rather than a crime in hopes of either finding something chargeable or forcing him into bankruptcy to defend himself. There was never valid evidence a specific crime was committed, only hysterical rumors started by an organization whose stated reason for existence was to put the accused out of business any way they could, legal or not. They claim they have God on their side, but since God has failed to act on their behalf in the 15 or so years they’ve been pleading for that lightning bolt, and since bombs bullets and vandalism have all failed, they are now attempting to subvert our system of justice into doing what God refused to do even when He had a perfect opportunity during the tornado of 1991 that devastated the auto dealership next door then skipped over the clinic to smash a house on the other side. Obviously it was more important for God to rid the world of rice-burners than abortion.
People who are dead sure they know what God wants them to do are very dangerous. They are lying to themselves and/or their followers, or are psychotic, sociopath pied pipers leading manipulable followers down a path to the koolaid!
Good post, “Jed” –
I think back to the Al Capone income tax-evasion case as, perhaps, the watershed of government targeting an individual and desparately looking for a crime somewhere.
Of course Capone committed his share of crimes. And finally nabbing him on a technicality probably served justice. But damn.
Anyone could become a target of the government’s unlimited resources and could be accused of just about anything under the Grand Jury system. It really is true, that thing about “…indict a ham sandwich,” given the leeway prosecutors are given in a grand jury. When there’s *no* indictment; that’s *news!*
That’s evidence as to just how lame Phill (the second L is for “litigator”) Kline’s case against Planned Parenthood really was.
And consider what jury pay is these days. This particular Grand Jury convened in December. Fifteen people were taken from their jobs and careers and paid what? $10 a day? All the way through March and for what?! Nothing. Phill (the second L is for “lame”) Kline had *nothing!*
As a resident of a sparsely-populated county in Kansas, I could gin up Grand Jury hearings against, say, “Nathan,” with a few dozen signatures. It wouldn’t be justice. I (most likely) wouldn’t be justified. But it would be legal under current law.
Doug can’t work a petition in Sedgwick, to do that he would have to leave his mom’s basement and log out of his perpetual dungeons and dragons software.
The grand jury worked as intended. It investigated, in this case found no criminal wrong-doing, and filed no charges.
That being the case it is sad to actually read the words of the jurors. They ‘feel’ things should be done differently? Maybe there should be a test to be on a grand jury. Question #1: Do you think or feel your way through life?
*/Phil Kline manipulates the Grand Jury usage and we praise their advice? He will know be allowed to force evidence instead of alligations against hisself. Edmon Hall is being held on alligations with no evidence. Kline was checking the level of security the Tiller files held do to the men involved in the abortions. The men who raped underage girls. The men who dont want charged with statitory rape. It is double jeopardy too reopen the case or the files. Tax payers funded Phil Kline so he could bury files.He is part owner of GlaxoSmithKline. The maker of birth control pills and the morning after pill. It is formulated for smaller younger girls do to the States keep dropping the age of emmancipation. They say, “young girls are having anyways”. They are having sex with grown men who want too call staitory rape legal by lowering the age. Thus a lighter formula of birth control is needed. The stronger dose was harmful too young girls. He allready knew what was in the abortion files. He used them for research. Congresswoman Boyda is a Pharm Chemist for GSK. As a Federal Employee she secured State Employee benefits with Federal funds. She bribed them with Federal funds. We got set up. No one elected Kline, he was appointed for Personal Agenda Reasons.Do a Call Back Petition and remove Governor Sebelius. I would like too be Governor. I dont have to retain anything she did. I can remove Kline as well as remove other corrupt Government Employees. Herbert West III, west.herb@yahoo.com wen2k.com
Perhaps if the Wichita Eagle would do some investigative reporting on the status of late-term abortion, concealment of child-rape and statutory rape as it pertains to Kansas laws, citizens would not need to call for grand juries.
I suspect that many who write here, would rather NOT KNOW if the law is followed. They just want fewer little rugrats to support on taxpayer money. Taxes are a separate issue which also need addressing.
I have no difficulties with OR – or any other religious organization – when their stated aims are the following: 1) fellowship; 2) healing and reconciliation; 3) professing their faith toward those who are receptive.
They are currently seeking to speak with those who have had late-term abortions. I distinctly remember what I believed, even as a teenager – all those years ago, moments before having my first trimmester abortion.
As such, I’d be downright hypocritical if I disdained the pain of women – be they post-abortive, non-abortive, or neutral on this issue.
Finally, it is an unavoidable facet of life that some people are more skilled at religious fellowship than others. And some, (i.e., Randall Terry et. al.) are particularly maladroit.
I don’t think OR would wish to speak with me. I did not have a late-term procedure; I am not interesting in castigating my own abortionist; I am not interested in criticizing or judging other women; at this stage of my life, I’m certainly casting a critical eye on my own idiocy of the past. I can’t be sure, but I don’t think a born-again Christian would wish to hear about such things. It wouldn’t be couth.
But healing and alleviation are timeless virtues. I can’t discriminate here. I won’t discriminate here. It hurts my heart very much to see women in pain; it elicits my respect to hear of post-abortive individuals achieving healing and happiness.
How cute Songbird, they want to hear tales of abortion so they can exploit these women for their own personal gain. They’ll parade anyone they can in front of a jury, not for the woman’s sake, but so Troy Newman can beg for some more money.
I remember they tried this a couple years ago with one woman who told absolute insane stories. The lies were uncovered and she faded into obscurity but she was paid by OR at the time to tell her lies. I wouldn’t be surprised that they’d be willing to try it again.
“Doug can’t work a petition in Sedgwick, to do that he would have to leave his mom’s basement and log out of his perpetual dungeons and dragons software.”
Shows what you know, it’s Medal of Honor software.
I do not approve in any way shape or form of the activity you cited, Doug. You know that.
Not to worry Songbird, I was directing my comments towards OR, not to you.