Print

Please login or register.
1 Hour 1 Day 1 Week 1 Month Forever
Login with username, password and session length

[Bob Pickle]

At http://www.fairfaxcounty.gov/circuitcourtdocket/ one can click "I agree," and then select "Party Name," and then scroll down to "Tommy Shelton."

So the case numbers are FE-2010-0000786 and FE-2010-0000787, and the Grand Jury hearing is being held in courtroom 4J today at 8:59:00 am.

[Bob Pickle]

Selecting "Attorney Name" instead of "Party Name" indicates that the only attorney appearing for the above cases is "Commonwealth Attorney."

[ex3abnemployee]

Selecting "Attorney Name" instead of "Party Name" indicates that the only attorney appearing for the above cases is "Commonwealth Attorney."

That's interesting.

[anyman]

Selecting "Attorney Name" instead of "Party Name" indicates that the only attorney appearing for the above cases is "Commonwealth Attorney."

The not-so-subtly insinuation that something is strange about this is mitigated by a simply knowledge of how the process works:

http://www.courts.state.va.us/courts/circuit/handbook_grand_jurors.pdf

From the VA Handbook for Grand Juries (linked above for those who want to understand how things happen and what it all means):

The Grand Jury does not hear both sides of the case and does not determine the guilt or innocence of the accused person. This is determined by a "petit (trial) jury" if and when the accused is tried later. The Grand Jury only determines whether there is probable cause that the accused committed the crime and should stand trial.

(b) Bills of Indictment. After a case has been certified to the Circuit Court [by a judge], the Commonwealth's Attorney will prepare a written document called a "bill of indictment," in which the accused is charged in a legal and formal manner with having committed a specified felony.
As will be described in greater detail later in this handbook, it is this "bill of indictment" that the Regular Grand Jury considers to determine if probable cause exists to require that the person accused stand trial at a later date in the Circuit Court.

[Adam]

Tommy Shelton has been indicted on 6 felonies. 

[mrst53]

Samuelthomas, how did you find out? I searched for news on the internet, but couldn't find anything. Did he plead guilty, or insane? Was this a regular or special grand jury?

[tinka]

Mrst53,
Many people can go right into the county court docket and they post it for public records. The very links that Bob posted give you the county and court numbers.  Just put that info in search of the county clerk or courts and up it comes after clicking on different links.  But very possible that Samuelthomas found it from other.

[Johann]

Samuelthomas, how did you find out? I searched for news on the internet, but couldn't find anything. Did he plead guilty, or insane? Was this a regular or special grand jury?

Most probably a verification will appear later. It may not look too good for Tommy Shelton.

[Adam]

Samuelthomas, how did you find out? I searched for news on the internet, but couldn't find anything. Did he plead guilty, or insane? Was this a regular or special grand jury?

The court house.  They have to release that information.  

[anyman]

Samuelthomas, how did you find out? I searched for news on the internet, but couldn't find anything. Did he plead guilty, or insane? Was this a regular or special grand jury?

Mrst53

There is no plea before the Grand Jury, it was a regular, not special, Grand Jury (from the document linked above, "Handbook for Virginia Grand Jurors"):

2. Function of a Regular Grand Jury
A regular Grand Jury is composed of from five to seven citizens of a city or county, summoned by the Circuit Court of that city or county, to consider bills of indictment and to hear witnesses and determine whether there is probable cause to believe that a person accused of having committed a serious crime did commit the crime and should stand trial at a later date. The Court may summon up to nine people to ensure a sufficient number.

The Grand Jury does not hear both sides of the case and does not determine the guilt or innocence of the accused person. This is determined by a "petit (trial) jury" if and when the accused is tried later. The Grand Jury only determines whether there is probable cause that the accused committed the crime and should stand trial.

3. Function of a Special Grand Jury
A Special Grand Jury is composed of from seven to eleven citizens of a city or county, summoned by a Circuit Court to investigate and report upon any condition which tends to promote criminal activity in the community or by any governmental authority, agencies, or the officials thereof.

If a majority of the regular grand jurors so request, and if the judge finds probable cause to believe that a crime has been committed which should be investigated by a special grand jury, a special grand jury must be empanelled to be composed of the grand jurors so requesting and willing and such additional members as are necessary. If a minority so requests, a Special Grand Jury may be empanelled.

The function and duties of a Special Grand Jury are set forth in detail in Part III of this Handbook.

13. Procedure in the Jury Room
(a) Quorum .A Regular Grand Jury consists of not less than five members. At least four must concur (agree) in returning "A True Bill" on an indictment.

Should an emergency arise necessitating the absence of a Grand Juror, the Grand Jury should cease deliberations while this fact is reported to the judge.
Business of the Grand Jury should be conducted only when all members are present in the jury room. If it is necessary for a member to be temporarily absent, a recess should be declared by the Foreman until the member rejoins the group.

(b) Hearing Witnesses. The bills of indictment you are to consider will be delivered to you. It is your duty to determine if probable cause exists to require the person accused of a crime in a bill of indictment to stand trial. You will determine this from the testimony of witnesses.

The names of available witnesses in a given case will appear on the bill of indictment. These witnesses will have been sworn by the judge to tell the truth while they are in the jury room. You will notify the judge when you are ready to call a witness.

If any person who is not listed on the bill of indictment, or is listed but not called to testify by the Grand Jury, wants to testify he or she must obtain permission from the judge. Even then, the Grand Jury may refuse to hear this testimony unless the judge orders that it be heard.
Witnesses should be examined one at a time. There is no set manner in which a witness is examined. One appropriate way is for the Foreman to ask the witness to tell what he or she knows about the charge against the accused, after which questions may be asked of the witness by any member of the Grand Jury if additional testimony is desired.

All questioning should not show any viewpoint on the part of the questioner.

It is not necessary to call or hear every witness listed on the bill of indictment, to approve it ("A True Bill"). It is only necessary to hear as many (one or more) as it takes to satisfy four members of the Grand Jury that probable cause exists to require the party accused to stand trial.

On the other hand, a bill of indictment should not be disapproved ("Not a True Bill"), unless every witness listed on the bill of indictment who is available has been examined.

(c) Witness Refusal to Testify .If a witness refuses to answer a question, the Grand Jury should not press the question or attempt on its own to compel an answer. The reason for the refusal by the witness may involve the technical issue of whether the question asked violates this witness's constitutional privilege against self-incrimination. If the jury desires to press the matter further, the question should be written out on a sheet of paper, a recess declared, and the matter reported to the judge orally in open court, whereupon the judge will determine if the witness is compelled to answer.

(d) Accused as a Witness. The accused person named in the bill of indictment will not be listed as a witness, nor will any witnesses favorable to him probably be listed. This is because the Grand Jury does not determine the guilt or innocence of the accused, but only determines whether the testimony of the witnesses produced by the State establishes probable cause to require the accused to stand trial.

If an accused desires to testify, he or she must obtain permission from the judge, who will tell the accused of the privilege against self-incrimination. And even if the judge permits her or him to testify, the Grand Jury may refuse to hear the testimony unless it is ordered to do so by the judge.

14. Determination to Indict or Not
As has been repeatedly stated, the Grand Jury does not sit to determine the guilt or innocence of the accused. The function of the Grand Jury is to determine whether there is probable cause to require the accused to stand trial.

Only members of the Grand Jury are in the jury room while it is deliberating and voting.

When the Grand Jury has heard all necessary or available witnesses in a given case, the Foreman will ask the members to discuss and vote on the question of whether or not "A True Bill" should be found on the charge. Every Grand Juror may now comment on the sufficiency of the evidence and express an opinion on the matter.

After each member who desires to speak has been heard, the Foreman will call for a formal vote to find out if there is the required number of four affirmative (yes) votes.

15. Finding of Indictment
An indictment may be found "A True Bill," only upon the affirmative vote of four or more members of the Grand Jury.

If there are enough affirmative votes in favor of finding an indictment, the Foreman will endorse (write) the phrase "A True Bill" on the back of the bill of indictment and sign it.

If there are insufficient affirmative votes, the Foreman will endorse the phrase "Not a True Bill" and sign it.

As far as implications, Grand Juries rarely make a decision contrary to the judge before them, thus this is not surprising, nor unexpected. The decision is not a comment on guilt or innocence, it is merely a jury indicating that they feel both sides need to present their case before a jury to determine the truth and that jury (petit) will make a decision of guilt or innocence. As much as some want to use this a proof of guilt, vindicating their position, it is nothing of the sort.

[ex3abnemployee]

Memo from Danny to the defenders:

OK. When the indictment comes, I need you all to act like it's no big deal and that we all knew this was going to happen. Make SURE that you slip in something about it not meaning he's guilty. I'll email you all about the time of our next meeting.

BTW Cindy, thanks for your posts on Topix.

Dan

[tinka]

anyman,
Did you actually read this yourself;

As has been repeatedly stated, the Grand Jury does not sit to determine the guilt or innocence of the accused. The function of the Grand Jury is to determine whether there is probable cause to require the accused to stand trial.  Evidently, they found enough cause to indict and so will a jury as long as the witnesses and the evidence is there. So what are you trying to emply..Yet? Possible innocence?? from (hoping for an ignorant jury??
Only members of the Grand Jury are in the jury room while it is deliberating and voting.
When the Grand Jury has heard all necessary or available witnesses in a given case, the Foreman will ask the members to discuss and vote on the question of whether or not "A True Bill" should be found on the charge. Every Grand Juror may now comment on the sufficiency of the evidence and express an opinion on the matter.

[tinka]

Memo from Danny to the defenders:

OK. When the indictment comes, I need you all to act like it's no big deal and that we all knew this was going to happen. Make SURE that you slip in something about it not meaning he's guilty. I'll email you all about the time of our next meeting.

BTW Cindy, thanks for your posts on Topix.

Dan

NOW THIS IS DAMAGAING INFO.

[Murcielago]

Just to be clear, I assume that the "memo" post is a joke, and NOT a copy of any real memo. Duane, is that correct?

[ex3abnemployee]

That would be correct. Just trying to lighten the mood.