Calliope
Former Member
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Hi, BeanE. The rules vary from state to state. I can't find anything in Oregon requiring the silence of a WITNESS (as opposed to a grand juror) on any subject. And I believe the US Supreme Court has explained that a grand jury witness has a First Amendment right to at least speak about the actual INFORMATION he or she knows, even if there is a state law preventing him or her from speaking about the specific testimony given to the grand jury.
Section 132.330 - Submission of indictment by district attorney
The district attorney may submit an indictment to the grand jury in any case when the district attorney has good reason to believe that a crime has been committed which is triable within the county. [Amended by 1973 c.836 §47]
Section 132.410 - Finding of indictment; filing; inspection
An indictment, when found and indorsed, as provided in ORS 132.400 and 132.580, shall be filed with the clerk of the court, in whose office it shall remain as a public record. Upon being designated by the district attorney as confidential and until after the arrest of a defendant who has not been held to answer the charge, the indictment or any order or process in relation thereto shall not be inspected by any person other than the judge, the clerk of the court, the district attorney or a peace officer in the discharge of a duty concerning the indictment, order or process. [Amended by 1973 c.836 §52; 1999 c.967 §2]
Section 132.420 - Disclosure relative to indictment not subject to inspection
No grand juror, reporter or other person except the district attorney or a peace officer in the exercise of duties in effecting an arrest shall disclose any fact concerning any indictment while it is not subject to public inspection. [Amended by 1973 c.836 §53]
Section 132.990 - Premature inspection or disclosure of contents of indictment.
Violation of ORS 132.420 or the prohibitions of ORS 132.410 is punishable as contempt.
Could that be interpreted to mean witnesses (no other person shall disclose any fact concerning the indictment, order or process) It doesn't specify that its referring only to those working for the state or grand jury. It simply states no other person and shall not by any person. And until it's subject to public inspection, "no other person" can disclose any fact regarding the indictment.
http://law.onecle.com/oregon/132-grand-jury-indictments-and-other/index.html