I noted the other day that a Dallas County Grand Jury had declined to indict Dallas Cowboy Nate Newton in connection with allegations that he had sexually assaulted a former paramour. Ironically, in this age of information, the public was unable to learn what the witnesses said or what the prosecutors had recommended to the grand jury. Frankly, the only way that it became public as to who testified before the grand jury is that the reporters who covered the case happened to know the location of the door that lead to the grand jury room. But a reporter covering a grand jury will experience a level of frustration not accustomed to those that are familiar with the Texas Open Records Act.
Special rules exist for grand jury proceedings.
And the veil of secrecy that hangs over the process is not the only unusual aspect of the grand jury system. A defendant has no right to testify before the body. That, of course, means a grand jury can meet to decide whether John Doe should be indicted and John Doe has no right to tell them his side of the story. But even when a defendant is allowed to testify, his lawyer cannot be in the room with him . This, obviously, is not a tremendous incentive for a defense lawyer to present his client for questioning.