Former Patterson City Attorney George Logan is firing back at the Stanislaus County Civil Grand Jury, saying he was within his First Amendment rights to speak about his testimony in front of the legal body before the jury published its findings earlier this year.
The civil grand jury is seeking a contempt-of-court charge against Logan for discussing and writing in local newspapers about his testimony in April and May. The penalty could carry a $1,000 fine or possible jail time and added court costs.
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In the written admonishment that witnesses must sign as they exit their grand jury interview, they are told not to reveal to anyone what was discussed, except as the court dictates. The court requires witnesses to sign the document to indicate that they understand the admonishment.
Below is the question, “Will you abide by the admonishment?”
Logan crossed out that question on his exit document and wrote, “I will abide by the law,” and signed it.
Logan argues in court documents that his First Amendment right to free speech trumps the grand jury’s admonition of secrecy, because his disclosures posed no specific harm to the public.
Citing a 2000 California appellate court case, Logan states in the documents that the grand jury’s admonition was unconstitutional, unless there had been a clear and present danger or an imminent threat to the grand jury.
He also cites a 1978 U.S. Supreme Court opinion, Landmark Communications v. Virginia, which states, “This Court has consistently rejected the argument that out-of-court comments on pending cases or grand jury investigations constituted a clear and present danger to the administration of justice.”
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Smith filed a federal lawsuit against the Stanislaus County Civil Grand Jury and Stanislaus County on Sept. 28.
The complaint for damages — filed in U.S. District Federal Court in Sacramento — seeks an injunction against the grand jury to stop further alleged abuse of authority and to publish transcripts from the investigation. The suit also calls for the jury to revise its findings and seeks unspecified damages and attorney fees.
