Indictment shows value of Santa Clara County Grand Jury



A latest indictment stands as a powerful present of assist for considered one of our necessary establishments, the Santa Clara County Civil Grand Jury.

The CGJ has far too low a profile regardless of its appreciable efforts over the previous many years to enhance native authorities, its motive for being.

Current CGJ studies spotlighted issues at Cupertino Metropolis Corridor and the sluggish tempo of our felony trials (the DA’s workplace was among the many targets of that one). Current actions additionally embody an accusation that prodded former Sheriff Laurie Smith to resign.

After which there’s final fall’s report on the connection between the San Francisco 49ers and the town of Santa Clara, website of the workforce’s leased house discipline, Levi’s Stadium.

CGJ findings criticized 5 of the town’s seven councilmembers for holding personal conferences with 49er executives and voting as a bloc “in a way that’s favorable to the 49ers.” The report says the bloc might need violated the state’s Brown Act open conferences legislation. Santa Clara Metropolis Councilman Anthony Becker is without doubt one of the 5.

Information tales on the report started surfacing on Oct. 7 and included sturdy denunciations from the 49ers’ then-lobbyist/spokesman Rahul Chandhok.

However it’s the timing of these preliminary tales that’s making extra information this month. The civil grand jury is the general public watchdog department of the native Superior Courtroom. And the court docket didn’t publish the Santa Clara-49ers report till Oct. 10.

The report had been leaked, a critical breach of the confidentiality observe that governs all CGJ proceedings statewide.

With these confidentiality necessities, we now have no particular data in regards to the report. However in April, Santa Clara County District Lawyer Jeff Rosen’s workplace indicted Becker on two counts. One depend pertains to the leak, a misdemeanor. The opposite depend is perjury below oath, a felony.

On Could 3, Becker pleaded not responsible. Transcripts of a felony grand jury’s proceedings, as reported by native media, point out the previous 49ers lobbyist testified that Becker gave him a duplicate of the still-confidential report. With that heads-up, the 49ers ready a fast, sturdy response to the report that, reportedly, included researching civil grand jurors to attempt to unearth any conflicts of curiosity.

We’re not condemning anybody right here. The method should play out. There are questions, together with whether or not there have been a number of leaks.

We’re, nevertheless, standing up for the integrity of the civil grand jury.

By penal code, CGJs should give report targets a minimum of two workdays for evaluation earlier than the studies are launched to supply time to right any factual errors. The identical legislation says those that get an early have a look at a report shall not disclose something about that report. Businesses or officers should formally reply to a report’s findings and suggestions inside 60 or 90 days. Businesses are usually not mandated to behave on the suggestions, although some do at instances.

One other CGJ rule is that studies function mainly the only real communication the jury makes with the general public. So, our group of former civil grand jurors feels compelled to remark.

CGJ service attracts individuals who’ve had native authorities connections. It’s not surprising that some 2022 jurors had some connections to Santa Clara’s metropolis authorities. The report notes two jurors recused themselves. They aren’t named. We acknowledge the unfairness of harsh public scrutiny that comes with being a grand juror sworn to secrecy. However we additionally imagine disclosing the names of recused jurors would support transparency of any report.

Additionally, Becker was not interviewed. The report says jurors carried out greater than 10 interviews and reviewed greater than 700 emails. Interviewees aren’t recognized in CGJ studies, however information studies discovered that two bloc members have been interviewed. We really feel that, ideally, the CGJ ought to have tried to interview all 5.

But, failing to interview Becker hardly takes away from what we see because the report’s reasoned, worthwhile suggestions.

By indicting Becker, the DA’s workplace supported the civil grand jury as an asset for our county. That deserves all our thanks.

Henry Groth and Michael Krey are co-presidents of the Santa Clara County Chapter of the California Grand Jurors’ Affiliation.