Searching over 5,500,000 cases.


searching
Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.

United States of America v. Allen Roberts

IN THE UNITED STATES DISTRICT COURT FOR THE MIDDLE DISTRICT OF PENNSYLVANIA


October 5, 2011

UNITED STATES OF AMERICA
v.
ALLEN ROBERTS, JR.

The opinion of the court was delivered by: Judge Conner

ORDER

AND NOW, this 4th day of October, 2011, upon consideration of the amended motion for disclosure of grand jury minutes (Doc. 122) and the supplemental motion for disclosure of grand jury minutes (Doc. 123) filed by pro se defendant Allen Roberts ("Roberts"), wherein Roberts requests that the government produce for inspection the complete certified minutes and records of the grand jury that returned the indictment against him in the instant matter (see Doc. 122, at 1), and wherein Roberts alleges that the government provided him with an altered or fabricated grand jury transcript, and avers that the government engaged in prosecutorial misconduct in presenting the case to the grand jury by presenting "perjured testimony, inconsistent and insufficient facts and evidence, along with false, misstatement of facts knowingly and intentionally or with reckless disregard for the truth," (id. at 4), and wherein Roberts further avers that the grand jury was neither qualified nor properly summoned to issue said indictment (id. at 2) and impermissible relied upon hearsay testimony (id. at 3),*fn1 and it appearing that the government provided Roberts with the relevant portion of the grand jury minutes pertaining to his case, and that Roberts has no basis upon which to claim that the transcript is fabricated or altered or that the grand jury was not properly constituted, and the court finding that "[a]s a matter of public policy, grand jury proceedings generally must remain secret except where there is a compelling necessity," United States v. McDowell, 888 F.2d 285, 289 (3d Cir. 1989), and that to obtain disclosure a defendant must show a "particularized need for the information that outweighs the public interest in secrecy," id.; see also United States v. Mariani, 7 F. Supp. 2d 556, 565 (M.D. Pa. 1998), and the court finding that the government has already provided to Roberts the portion of the grand jury transcript relating to Roberts' indictment, and that he is not entitled to the full grand jury transcript which includes testimony and information concerning numerous cases regarding the alleged criminal activities of other individuals unrelated to Roberts or his indictment, and the court further finding that Roberts bases his arguments on fundamental misconceptions about the operation of a grand jury and the process of obtaining a federal indictment,*fn2 and the court concluding that Roberts' assertions of prosecutorial misconduct are bald, conclusory statements unsupported by any evidence, including the grand jury transcript itself, which he possesses, it is hereby ORDERED that the amended motion for disclosure of grand jury minutes (Doc. 122) and the supplemental motion for disclosure of grand jury minutes (Doc. 123) are DENIED.

CHRISTOPHER C. CONNER United States District Judge


Buy This Entire Record For $7.95

Official citation and/or docket number and footnotes (if any) for this case available with purchase.

Learn more about what you receive with purchase of this case.