Sister Golden Hair
Former Member
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It's likely that it has to do with BK, and we know it is related to a crime in Monroe County, PA - but what was originally suggested and that you seemed to be agreeing to (ICBW, just read it that way) was that the original GJ was a ruse to get BK's parents on the stand under false pretenses because the court knew that he likely wasn’t involved in those matters, "but this would be a way they could get his parents under oath to testify to his whereabouts leading up to the murders." (<<that's a ruse, false pretense, etc.) That's the issue.the fact that sharing with ID was granted by the court has to mean something. Whatever BK's parents had to testify to has to pertain to a PA crime, and it has to pertain to BK, or why would the sharing with ID be granted?
We do not lure people to court to testify under false pretense. If ID needs to subpoena the parents, they certainly will, and then they can get testimony under oath in ID.
Because the rules of the investigative GJ in PA are rather free form, it's hard to say exactly under what conditions they share info. All of the research I've done indicates that the information may be shared if the attorneys request it and the judge orders it, and the information is only to be used as set forth in the PA Code (Title 42 link below). That does not mean that the GJ can be a sham in PA set up to get information for ID; it means that if information in a legitimate PA GJ investigation may be helpful in another state's investigation, the information may be shared.
Now what 'helpful' means is a deeper dive, but AIS, if I were prosecution or defense in ID, I would ask to see the GJ testimony for a couple of reasons. If I'm either side, I'd be thinking "it might help my investigation - PA doesn't know everything I know", but it would also aid me in preparing for the trial in terms of the parents' demeanor, how the jury will see them, etc. (Are they combative or humble? Do they present well?, etc.) Whether or not the attorneys and judge or PA courts consider that as a viable reason to share to "assist in investigating crimes" is a deeper dive because IDK.
Title 42
www.legis.state.pa.us
The attorneys for the Commonwealth may with the approval of the supervising judge disclose matters occurring before the investigating grand jury including transcripts of testimony to local, State, other state or Federal law enforcement or investigating agencies to assist them in investigating crimes under their investigative jurisdiction.
If their testimonies had absolutely nothing to do with BK, would ID attorneys have rights to his parents' testimonies on an unrelated case in PA? Sorry for all the question...
I'm not arguing that it is unrelated to BK. I'm saying that it wasn't a ploy to get BK's parents into court. SO that would mean it is a crime 1) in Monroe County; 2) that BK's parents had potentially witnessed/had information about; and that 3) by sharing the testimony with ID, the information could aid in the ID investigation. That last bit leaves a lot of room for speculation, but what I'd argue that it does not leave room for is BK's parents being subpoenaed by a Monroe County, PA Investigative GJ under false pretense to get information.
If I sound a little abrupt about it, please forgive me. That is not the intent. I'm just trying to be clear, but also to point out that courts do not (or at least should not) be acting outside of their legal jurisdiction, and in no way should his parents be lured to court under false pretense, and that is what was suggested IMO.
edited to add a few words that seemed to be missing.
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