196 A.2d 599 | Conn. Super. Ct. | 1963
The motion to quash the indictment in the above matter was filed subsequent to the entry therein of a plea of not guilty. It rests on claims by this accused that he has been denied his right to counsel in the grand jury proceeding which concerned itself with the crime here involved. A further reason advanced is that evidence, hearsay in nature, was offered to and received by that grand jury. An additional claim, originally advanced and contained in the motion, recited that this defendant, although allowed to be present, was denied, by the grand jury, his right to examine and question witnesses before the grand jury. The latter claim has been abandoned.
Since 1815, at least, our law has not permitted counsel, either for the state or for one with whose conduct a grand jury is concerned in connection with a capital crime, to be present during that body's examination of witnesses, discussions or deliberations.State v. Kemp,
As to the claim of hearsay evidence having been admitted and the attempt to prove this by offering the defendant as a witness, our law is equally clear. The court fails to find any change in this respect since 1844. Then it was held that the proceedings before a grand jury are to be kept secret, with limited exceptions here not pertinent. To do otherwise would make a mockery of forbidding the public access to the operations of the grand jury, their investigations, deliberations and vote. State v.Fasset, supra, 470; State v. Hamlin, supra, 115;State v. Coffee,
Briefs have been submitted containing arguments predicated also upon the holdings in a series of recent decisions by the Supreme Court of the United States dealing with lack of counsel for one accused of crime. Comment is now made on the instant applicability of those and other cases.
It is clear that the grand jury hearing was not such a proceeding wherein it was imperative for this accused either to have been aware of all defenses available to him or to have been able to plead intelligently. Such need formed the basis of the finding in Hamilton v. Alabama,
Our United States Supreme Court in a per curiam decision has recently held that it would not stop even to determine whether or not prejudice has resulted to one accused of crime who was denied counsel *65
at a "critical stage" of the proceedings in the prosecution instituted against him. White v. Maryland,
The Supreme Court of the United States has held that in a private investigatory proceeding by state officers testimony may be taken against a witness unrepresented by counsel notwithstanding that the witness himself is under suspicion in connection with the matter being investigated; also that only when charges are made in a criminal proceeding may the demand be made for counsel and until that time protection consists of the privilege against self-incrimination. In re Groban,
It seems to this court that the question of when a man needs counsel is determinative. It has been held that when, for instance, a plea to a capital charge is required an accused is to have benefit of counsel. Hamilton v. Alabama, supra. That this is indeed a critical stage of the proceedings against him is not to be denied. It has been suggested inGideon v. Wainwright,
It would appear that little comfort for this accused may be had from these words. It has already been stated that the accused did not have a legal right to be heard before the grand jury in their proceedings. He could neither testify nor make a statement nor offer any evidence. Lung's Case,
As to the Gideon case, supra, the facts include that the indigent accused was charged with a felony but not a capital crime. At the time of trial he asked for and was denied counsel and then was convicted as charged. In holding (
However, the rationale of Gideon is not controlling in the instant cause. The defendant's constitutional guarantees, his privileges, and his rights, as contained in the Bill of Rights, relative to the furnishing of counsel for his defense have neither been abridged nor violated. Guay had his own counsel for some time prior to the grand jury hearing complained of. Guay, so far as these grand jury proceedings were concerned, was not heard, nor arraigned, nor put to plea, nor prosecuted, nor tried. He had no right then to introduce either evidence exculpating himself or any witnesses in his behalf. He could not have sought to change the grand jury into a traverse or trial jury. Commonwealth
v. McNary,
Guay was not denied his privilege of counsel at a "critical stage" of the proceedings as contemplated in White v. Maryland,
The motion to quash is denied.