No. 157 E.D. Misc. Docket, 1978, Appeal from Order of the Court of Common Pleas, Criminal, of Philadelphia, granting immunity to Alan Massey and ordering a certified interlocutory appeal as of April Term, 1977, Misc. Docket No. 77-00-4423
David E. Shapiro, Philadelphia, for petitioner.
Steven H. Goldblatt, Deputy Dist. Atty., Law, Jane Cutler Greenspan, Asst. Dist. Atty., Howell K. Rosenberg, Philadelphia, for respondents.
Eagen, C. J., and O'Brien, Roberts, Nix, Manderino and Larsen, JJ. Pomeroy, J., took no part in the consideration or decision of this case. Manderino and Larsen, JJ., dissent.
In June, 1977, the April 1977 Special Investigating Grand Jury was impaneled in Philadelphia with Judge Edwin S.
Malmed as the presiding judge. The charge of the grand jury is to investigate allegations of criminal conduct in connection with charitable fund raising activities in Philadelphia*fn1 and contains the following descriptions of the types of criminal conduct to be investigated:
"1. Charitable fund raising on behalf of sham or non-existent charities.
"2. Charitable fund raising on behalf of legitimate charities where:
"a. The charities receive no percentage of the proceeds or less than they are entitled to under Solicitation of Charitable Funds Act.
"b. The charities do not receive a proper accounting of the proceeds.
"c. The charities receive a flat, fixed sum, less than they are entitled to under the Solicitation of Charitable Funds Act.
"3. Charitable fund raising purportedly on behalf of legitimate charities where the charities have not authorized or received any proceeds from their fund raising.
"4. The fraudulent conduct of charitable fund raising purportedly on behalf of legitimate charities.
"5. Sham charities and fraudulent fund raising.
"6. Fraudulent solicitation of advertising books, etc., purportedly on behalf of legitimate fraternal orders."
The grand jury conducted an investigation into the operations of B & R Associates, a Pennsylvania corporation, which is engaged in charitable fund raising in Philadelphia.
On April 5, 1978, appellant, Alan Massey, an employee of B & R Associates, appeared before the investigating grand jury pursuant to a subpoena. Massey exercised his Fifth Amendment right against self-incrimination and refused to testify before the grand jury.
Because of Massey's refusal to testify, on August 2, 1978, the Attorney General of the ...