In re Grand Jury Matters
Decision Date | 05 July 1984 |
Docket Number | No. C84-338,C84-374-L.,C84-339,C84-346,C84-347,C84-338 |
Citation | 593 F. Supp. 103 |
Parties | In re GRAND JURY MATTERS. |
Court | U.S. District Court — District of New Hampshire |
W. Hunt Dumont, U.S. Atty. by Robert J. Lynn, Asst. U.S. Atty., Concord, N.H., for plaintiffs.
Steven M. Gordon, Concord, N.H., Wiggin & Nourie by Richard B. McNamara, Manchester, N.H., Ellis, Fogelnest & Newman, P.C. by Alan Ellis, Philadelphia, Pa., Harry C. Mezer, Albert F. Cullen, Jr., Cullen & Wall, Boston, Mass., Backus, Shea & Meyer by H. Jonathan Meyer, Manchester, N.H., John Reinstein, Andrew Good, John Wall, Silverglate, Gertner, Baker & Fine by Judith H. Mizner, Boston, Mass., for defendants.
James D. Forsyth, II, Manchester, N.H., for S. Gordon.
Charles Nesson, Cambridge, Mass., for Wall and Cullen.
Ray Raimo, Manchester, N.H., for Hodes.
ORDER ON MOTION TO QUASH SUBPOENA
On May 15, 1984 Attorney Paul W. Hodes, counsel for Robert Hollingworth, a defendant in the Rockingham County Superior Court and Attorney Steven M. Gordon, counsel for Benjamin Valenzuela, also a defendant in Rockingham County Superior Court, moved to quash subpoenas served upon them to appear before the Federal Grand Jury for the District of New Hampshire.
Hodes was served at his home at approximately 9:00 P.M.
An in camera hearing was held May 15, 1984 in chambers and an agreement was reached to hold the matter in abeyance pending a date certain for a hearing.
Subsequently the issue of subpoenas was further exacerbated by additional subpoenas being served upon other attorneys in the Rockingham County cases, who also sought to quash subpoenas served upon them to appear before the Federal Grand Jury for the District of New Hampshire.
Grand jury subpoenas were issued to Attorneys Albert Cullen, John Wall and Nancy Gertner.
Attorney Gertner is counsel for Alvin Kanigher, Attorney Cullen for Stephen Young and Attorney Wall for Antimo DiMatteo. Kanigher, Young and DiMatteo are also co-defendants in the Rockingham County Superior Court cases.
Additionally, Attorney Cullen is requested to provide testimony and records pertaining to the dates, times and places (but not the content) of any meetings or telephone conversations between Young and his law firm, as well as information concerning the transfer or other disposition of any funds received by him or his firm from Young.
The actions of the U.S. Attorney have elicited a ululation of protest and surprise from the New Hampshire Bar Association, National Association of Criminal Defense Lawyers, New Hampshire Civil Liberties Union, Civil Liberties Union of Massachusetts and the Massachusetts Association of Criminal Defense Lawyers, all allowed to file as intervenors in this action.
As heretofore stated, all defendants have been indicted as of February 7, 1984 in Rockingham County and probably will not be tried prior to the late fall or early winter of 1984.
A very important premise is that the actions are pending in a New Hampshire State Court and under investigation in the United States Federal Court for the District of New Hampshire.
In Re Terkeltoub, 256 F.Supp. 683 (S.D.New York, 1966) Terkeltoub, an attorney was called before a grand jury concerning a charge of perjury against his client before another grand jury. A conversation which occurred in a restaurant involving Terkeltoub, his client and a third individual was the focus of the inquiry.
Judge Frankel in a cogent, erudite opinion at length quoted the following.
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Whitehouse v. U.S. Dist. Court for Dist. of Rhode Island
...also noted the potential for abusive use of the attorney-subpoena. Klubock I, 832 F.2d at 653-54. See also In re Grand Jury Matters (Hodes and Gordon), 593 F.Supp. 103, 106 (D.N.H.) (quashing subpoenas and characterizing actions of U.S. Attorney in serving subpoenas on counsel as "without d......
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U.S. v. Klubock, 86-1413
...circuit litigation, the possibility for improper use of attorney subpoenas in a PF 15 context are not far-fetched. See In re Grand Jury Matters, 593 F.Supp. 103, (D.N.H.), aff'd, 751 F.2d 13 (1st Cir.1984) (subpoenas to uncover fee arrangements between attorneys and their clients pending tr......
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...petitioners are involved in pending INS proceedings on behalf of their clients, is unreasonable and oppressive"); In re Grand Jury Matters, 593 F.Supp. 103, 105 (D.N.H.) (stating that a "very important premise is that the actions are pending in a New Hampshire state court and under investig......
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