Ham on Wry

7 Launched: October 31, 1998

"Any prosecutor who wanted to could indict a ham sandwich."
— Former New York Court of Appeals Judge Sol Wachtler in 1985, seven years before a grand jury indicted him for sexual harassment.

The Grand Jury

James Plese / Foreman 59, Boulder, 2 children	Loretta Resnikoff / Assistant Forewoman 39, Boulder, 2 children	Elizabeth Annecharico 55, Boulder	Michelle Czopek 39, Superior, 2 children
A native of Pueblo who moved to Boulder in 1969, is a pyrotechnician. Prior experience in the court system includes suing after his daughter was injured in a bus accident. Reads the Boulder Daily Camera, watches a little television, listens to sports radio and likes to fish. Has a daughter who is a biophysicist, another who is studying to be an attorney. He is not excited about serving, but "it's difficult to complain about the system and not participate in it.''	Moved to Colorado in 1977 to attend the University of Colorado, moved back in 1987. An accountant, she has two children, reads fiction and history and watches "Seinfeld'' and "Frasier.'' Resnikoff was born in Japan. Her father spent his career in the Navy. She is the youngest of eight children and grew up in California.	Moved to Boulder two years ago. She and her husband are retired and spend most of their time flyfishing and in other outdoor activities. She listens to National Public Radio and watches newsmagazine shows.	Moved to Superior in 1985. Likes tennis, running, listens to NPR, watches Seinfeld and ER, and likes mysteries and science journals. Czopek is from Evanston, Ill. She works part time as a nutritionist and has two children. "They are the most important thing to me," she said.
Frances Diekman 58, Longmont 3 children, 3 grandchildren	Josephine Hampton 62, Lafayette, 3 children, 3 grandchildren	Martin W. Kordas Jr. 64, Lafayette	Susan LeFever 44, Boulder
Born in Longmont. Enjoys sewing, fishing, camping, crafts, likes country-western music and the People's Court on television. Diekman was born on a farm, has three children and three grandchildren. She worked in the county's probation office years ago. She described herself as "just a plain old ordinary gal.''	Moved to LafayetteÊ in 1982. Her interests are family, church, reading fiction, listening to KOSI radio and watching sports on TV. Born in Burlington, Iowa, Hampton has three children and three grandchildren. She worked in management for 24 years. "There were a lot of things you can't talk about. It wouldn't bother me not to talk about the grand jury.''	Kordas said he likes the outdoors and sports, reads technical books, listens to KOOL radio, watches the Discovery Channel and TV news. He was born in Connecticut, went to the University of Connecticut and served in the Navy. He is a firearms expert who has served as an expert witness in product liability cases.	Was a juror several years ago in an assault case. Moved here in 1990 from California. A member of the Sierra Club, she reads fiction, listens to NPR, watches science fiction on TV and works for a nonprofit organization. She said she is interested in serving on the grand jury.
Barbara McGrath-Arnold 56, Boulder	Martin Pierce 37, Longmont	Tracey Vallad 38, Longmont, 2 children	Jonathan Webb 31, Louisville
Has a real estate license, likes to travel, enjoys swimming, walking and watching movies.	Former utility company service technician, grew up on a farm in Nebraska, came to Colorado 30 years ago and to Boulder eight or nine years ago. He said he worried about putting someone on trial who doesn't deserve to be. "That would stick in my mind."	Moved to Colorado in 1960. Takes night classes, reads fiction, listens to rock and classical music, watches sports, sitcoms and news. Vallad is a single mom of two teenagers.	Webb is working on his doctorate in chemical engineering at CU. He likes the outdoors, reads obscure chemical engineering texts. He is married and moved here in 1995. He said he doesn't listen to radio but watches sports, CNN and the Discovery Channel on television. Webb spent five years in Indiana working for the Eli Lily drug company in research and development. He has a graduate degree from Georgia Tech. Webb said he has concerns about the time constraints of jury duty.

The Alternates
	Notes: On February 24, 1999 the alternate jurors were released from duty, leading to speculation that the grand jury was nearing its end. On April 8, 1999, DA Alex Hunter formally requested and received a six-month extension of the grand jury to October 21, 1999.
	Janice McCallister Longmont, 3 children	Polly Palmer Niwot	Marcia Richardson Boulder
	She belongs to church, attends CU, reads novels, enjoys walking, skiing and biking. She listens to talk radio, watches old movies and likes science fiction. McCallister has three children and is a part-time nurse. "I think this would be an interesting process,'' she said of the grand jury.	Her interests are her family and music. She's a member of the Suzuki Association of Colorado, teaches English, reads lots of literature and science fiction, listens to KVFD classic rock, watches lots of television, including the X Files, 3rd Rock from the Sun, the Discovery Channel and Jay Leno.	Moved to Boulder 1989. Enjoys theater, yoga, tai chi, environmental issues. Works at CU and takes classes there. Listens to NPR, doesn't own a television, reads a lot of scientific articles. Richardson graduated from Ohio State University with a bachelor's degree in psychology, and has been a counselor. She said she loves the outdoors.

	Theresa Van Fossen Broomfield, has children	Morton Wegman-French Boulder
	Moved to Broomfield in 1994. Spends time with children, reads fiction, watches Star Trek and ER. She moved from Philadelphia and married her high school sweetheart. She was a nurse, now is a full-time mom. She is "very willing'' to serve on the grand jury. "I think I'd learn a lot.''	Moved to Boulder County in 1978. Member of the Boulder Historical Society, reads history and non-fiction, listens to NPR. Born in Oklahoma, Wegman-French received a degree in philosophy from the University of California at Davis and works with small, high-tech companies

Basic Facts about the Grand Jury and How it Works

Purpose: A grand jury is used to the same end that a preliminary hearing is used in standard criminal proceedings. It's an opportunity for prosecutors to present their case and demonstrate they have "probable cause" to file charges.

Secrecy: Members of the Boulder County grand jury now hearing the Ramsey case were selected from a pool of more than 60 in April in open court. The rest of the proceedings must, by Colorado law, remain secret. All associated with a grand jury are sworn to secrecy.

Unlike in federal grand juries, such as the one that investigated President Clinton, witnesses are forbidden to discuss their testimony. State law forbids the district attorney from commenting on grand jury activity, even about such details as where and when the grand jury will meet.

While it is frowned upon, witnesses can tell friends and reporters that they testified before the grand jury and what they told police during the investigation before the case went to the grand jury, as long as they don't talk about specifically what transpired within the grand jury.

The shroud of secrecy covering witnesses is lifted once an indictment or a report is issued. If there is an indictment, they may speak openly about their grand jury testimony up until the time the trial begins.

A court order issued the day after the Ramsey grand jury convened states that no one "shall knowingly come within 25 feet of a grand juror or alternate." While not talking to jurors about the secret proceedings is standard and part of state law, the 25-foot buffer zone around jurors is unique to this case and was requested by the DA's office because of its heavy media coverage.

Indictment: If a grand jury indicts, it's on the basis of the same probable cause that police need for securing an arrest warrant. The assent of nine of the twelve jurors is be necessary for the returning of a true bill.

But a criminal conviction, at the hands of a trial jury, must be based on evidence going further than probable cause to establish guilt "beyond a reasonable doubt."

Should an indictment be handed up, Hunter may then opt to file charges although he doesn't necessarily have to, and has indicated he won't if it's a "bare-bones probable-cause indictment."

Investigation: The grand jury doesn't just sit idly by as the DA presents its case. It is an investigative body, and grand jurors are allowed to investigate on their own. However, investigation is supposed to be a group activity, not the individual members doing their own investigations.

Four Boulder Police detectives have been sworn in as grand jury investigators to assist in this area: Sgt. Tom Wickman, Mike Everett, Jane Harmer, and Tom Trujillo.

Theoretically, the grand jury could reject the case being presented to it and go out on its own to pursue its own independent investigation. This is what is known as a "runaway" grand jury. This would be extremely usual.

Subpoena Power: What the grand jury can do -- and detectives cannot -- is force people to talk or turn over documents that police can't themselves obtain.

Pleading The Fifth and Immunity: Witnesses can invoke their Fifth Amendment right not to incriminate themselves, but a grant of immunity from prosecutors can again compel them to talk or go to jail for contempt.

Privilege: Should the Ramseys feel they're being targeted during the grand jury proceedings, they could claim spousal privilege as a way to avoid answering questions. Even though there are exceptions to child privilege, such as the death of a child under the age of 12, conversations between spouses relating to anything other than an alleged crime or the cover-up of such a deed remain protected.

Another privilege that could be invoked is the shield protecting pastor-penitent communication. For example, if Patsy confessed to her pastor, Rev. Rol Hoverstock, he could refuse to testify about what she may have said.

Attorney-client and physician-patient privileges could also be called into play.

Witnesses: Under Colorado law, witnesses are not allowed to disclose what went on during the grand jury proceedings. But witnesses aren't precluded from saying they've been subpoenaed, acknowledging their appearance after they testify, or talking about what they have previously told police. (see Secrecy, above)

Reluctance of witnesses to talk to the media and increased security has sometimes made it difficult for reporters to determine who is being ushered into the courtroom to testify, so in some cases reports of who has or has not testified are merely educated guesses. Precisely who will testify remains a mystery, although certain key figures such as the Ramseys themselves are a given.

Defense Attorneys: If the witness desires legal assistance during his testimony, counsel must be present in the grand jury room with his client during such questioning. However, counsel for the witness shall be permitted only to counsel with the witness and shall not make objections, arguments, or address the grand jury.

Hearsay Evidence: Unlike court trials, hearsay evidence is permitted during grand jury investigations. That means, for example, that one police officer can describe to jurors evidence gathered by other investigators.

Schedule For Meeting: The Ramsey grand jury is expected to meet twice a week, on Tuesdays and Thursdays although sources say after-hours sessions or weekend meetings are being considered when and if John and Patsy Ramsey are subpoenaed.

Time Frame: One of the biggest questions surrounding the Ramsey grand jury investigation is how long it will take. The case includes more than 30,000 pages of reports and hundreds of pieces of evidence. Estimates of duration have ranged from the investigation's concluding before Christmas to its going on until late Spring of 1999.

The 12 jurors and five alternates were impaneled in April and will serve a year-long term, which can be extended by no more than six months. Because the jury isn't likely to meet continually, jurors must be allowed to carry on their normal lives. The proceedings could stretch out over the course of many months.

Report: In any case in which a grand jury does not return an indictment, the grand jury may prepare or ask to be prepared a report of its findings if the grand jury determines that preparation and release of a report would be in the public interest.

A report is deemed to be in the public interest only if the report addresses one or more of the following: (a) allegations of the misuse or misapplication of public funds; (b) allegations of abuse of authority by a public servant; (c) allegations of misfeasance or malfeasance with regard to a governmental function; or (d) allegations of commission of a class 1, class 2, or class 3 felony.

If an indictment is returned, no report would be issued.

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