Judge makes grand jury transcripts public

Thursday, June 26, 1997 | 11:48 a.m.

District Judge Mike Memeo signed an order to open the transcripts on the request of Rich Elmore, a Reno attorney representing Nevada Division of Wildlife employees Larry Barngrover, Duane Erickson and Ken Gray.

Elmore had threatened to sue after the Feb. 13 grand jury presentment accused the employees of oppression under the color of office, a gross misdemeanor.

Elko District Attorney Gary Woodbury also wanted the transcripts from the 13 witnesses who testified before the grand jury to be made public because of claims from state officials of wrongdoing by the grand jury.

But Woodbury also asked that if Memeo releases the transcripts, Elmore be required to bring some sort of legal action within a "reasonable" time.

"The ability of the grand jury to fulfill its obligations rests, at least in part, on the independence of the members from the threat of civil or criminal liability for their actions," Woodbury says in his response to Elmore's motion.

"To allow these threats to exist without an expedient resolution will doubtless adversely affect the willingness of the grand jury to conduct investigations, make reports and return presentments and indictments as appropriate."

Memeo did not act on Woodbury's request, but left the possibility open.

"The court declines to initially impose time limits on the defendant's review of the grand jury transcripts and mandate actions related thereto, but retains the right to do so at some later date," Memeo's order said.

Woodbury said the transcripts would be available in about a month.