Grand Jurors Fed Up With Police Officers Not Showing Up To Present Their Cases; Recommend Use Of Remote Video Presentations

  • Tuesday, September 3, 2019

Members of the Hamilton County Concurrent Grand Jury said in a final report they are fed up with police officers not showing up to present cases.

Several members of the panel recommended that police departments utilize remote video conferencing for some of their presentations.

The report for the panel led by Hugh Moore said, "The Jury has been extremely frustrated by the fact that after officers have been notified by the District Attorney's office that their cases are ready for presentation to the Grand Jury, a number of officers fail to appear following receipt of the notice. Some officers have been notified more than once that their cases are ready. Members of the Jury have noted that they are required to take time out from their work or other activities, to be present at the Justice Building, and ready to hear and decide cases, four days a month.

"One afternoon only two cases were presented to the Jury. The Jury feels occasionally that its time is being wasted. Scores of cases are ready for presentation each day. The Grand Jury urges that all Police Departments in Hamilton County find ways to emphasize to officers the importance of presenting their cases to the Grand Jury as soon as practicable after notice has been received from the Attorney General's office.

"At some point the officers need to be held more accountable to come in or have an officer read their case for them."

One Grand Jury member wrote, "In 'Gig City' with available Webinar providers there should not  be  a backlog of over 100 cases needing to be heard by the Grand Jury. Here  in the conference  room are a TV and video player that has never been used, it is embarrassing. Juvenile Court allows for the Child Video conference with his/her testimony without being in the Courtroom."

Another said, "If there ever was a reason for Metropolitan government,the problems with the Police departments of all the cities and counties around us, this is it. If not metro, then consolidation of police departments."

A Grand Juror wrote, "It would be nice if the system for hearing cases could be fine-tuned. We as jurors are required to be present every other Monday and Tuesday from 9:00 a.m. - 4:00 p.m.,  but  often found ourselves only hearing case until 10:30. We would  then have to report back  at 1:00 p.m. and maybe hear cases until 1:30 or 2:00. It is my understanding  that there  is a backlog of cases  to be heard. It is frustrating as citizens taking time from our lives to perform this civic duty when the Officers don't appear to present their cases. I understand that circumstances arise, but I hope that an emphasis could be placed on the importance of their appearance before the Grand Jury."

Still another said, "Witness scheduling and accountability is an issue. There is currently a large backlog of cases. Some days we would only hear a handful of cases while other days we would be inundated. A better organized schedule could alleviate this problem. Video footage pertaining to cases should always be available when the case is presented. Video collected by officers is an unbiased voice when analyzing a case. For charges of resisting arrest in particular, officers should be prepared with body cam footage of the arrest."

Another stated, "I know that the Police have things going on outside of work, but to me, it is very disrespectful of them not to show up. We, the Grand Jury, have to show  up no  matter what, so what makes the Police any better than us? Maybe someone  could  be hired part-time to read their cases when the Officers aren't able to make it."

One wrote, "I found it very frustrating to have so few policemen come to present cases to the jury. I would not mind if one officer could present five or so cases from his municipality, in-order to prevent a shortage of officers on duty at any time. I see their lack of coming to present cases as preventing the expediency of the justice process. I would even suggest live online  interviews between the jury and the officer, if that would help."

A member said one issue was "that we were sometimes left with no cases to hear. It was frustrating that we were taking time off from our work and lives to do this important civil duty and the police and other officials who presented the cases were not there to present their cases. Neither the Regular Grand Jury, nor the Concurrent Grand Jury, heard enough cases consistently each week to keep up with the cases in the court system. I understand that we are at a ten year high on being behind on the case workload.

"I would like to see a system in place so that the police forces that are short-staffed could present to the Grand Jury from their respective police stations. That would make it easier for them to present the cases and still be able to perform their duties in their jurisdictions. This system would also help cut the costs to each police force and make them more effective."

Here is the full report:

In compliance with Rule 6(e)(7), Tennessee Rules of Criminal Procedure, the Hamilton County Concurrent Grand Jury for the May-August, 2019, submits its Report, as follows:

Cases Presented:

During the term, 404 cases were presented to the Concurrent Grand Jury. The Grand Jury returned 296 true bills, 49 presentments, and 59 no bills.

Silverdale Detention Center (Core Civic):

The Jury toured the Silverdale Detention Center on July 15, 2019. The tour was conducted by the chief Hamilton County Sheriffs Office supervisor at the Center, and by the Core Civic Deputy Warden. The Jury visited the entire facility, including the intake area, men's  and women's  detention units, and dining facilities. The Jury learned how inmates are  provided work opportunities in the facility, including the kitchen, and meal service. The Center seems well­ maintained and did not give the Jury the appearance of being overcrowdedPersonnel discussed  with the Jury the problem with the introduction of contraband into the facilityand the need for a new facility.

Hamilton County Juvenile Court:

The Jury toured the Hamilton County Juvenile Court facilities on July 15, 2019. Judge Rob Philyaw explained the operations of his Court and answered questions. The Jury visited a courtroom, male and female detention units, a classroom, and dining facilities. Judge Philyaw and his staffs interest in and passion for the difficult work of this Court was evident. The facilities are well-maintained and appear to be securely staffed. There is no overcrowding. Classes are available for the juveniles confined here. The Jury was particularly impressed by the classroom and teacher, and by the dining facilities and the two employees who prepare the daily menus. It was difficult to hear of juvenile offenders who have perhaps their most nutritious meals while confined in the juvenile detention unit.

Hamilton County Jail:

The Jury toured the Hamilton County Jail on July 16, 2019. The tour was conducted by Lt. John Hargis, chief of security operations. The tour covered floors 1, 2, 4, and 6, of the Jail's six floors, including maximum and minimum security detention units, intake facilities, chapel, and medical unit. The officers staffing the Jail are due substantial praise for  their  diligent and  professional work in securing and maintaining this outdated and overcrowded facility. The Jury would support any effort to relieve the overcrowding at this outdated facility.

Presentation of Cases to the Grand Jury:

The Jury has been extremely frustrated by the fact that after officers have been notified by the District Attorney's office that their cases are ready for presentation to the Grand Jury, a number of officers fail to appear following receipt of the notice. Some officers have been notified more than once that their cases are ready. Members of the Jury have noted that they are required to take time out from their work or other activities, to be present at the Justice Building, and ready to hear and decide cases, four days a month. One afternoon only two cases were presented to the Jury. The Jury feels occasionally that its time is being wasted. Scores of cases are ready for presentation each day. The Grand Jury urges that all Police Departments in Hamilton County find ways to emphasize to officers the importance of presenting their cases to the Grand Jury as soon as practicable after notice has been received from the Attorney General's office.

At some point the officers need to be held more accountable to come in or have an officer read their case for them.

COMMENTS AND SUGGESTIONS OF GRAND JURORS:

Each Grand Juror was given the opportunity to submit comments to be included in this Report.Those comments are included here, without edits.

**

Chattanooga "Gig City" with available Webinar providers. There should not  be  a backlog of over 100 cases needing to be heard by the Grand Jury. Here  in the conference  room are a TV and video player that has never been used, it is embarrassing. Juvenile Court allows for the Child Video conference with his/her testimony without being in the Courtroom.

**

The tours of the facilities were very interesting. I appreciated lunch also. The officers in these have a rough job to do.

**

If you are called, just DO IT!! The knowledge you receive far outweighs any unpleasantness. Many Thanks to all our Judges, District Attorneys, Police, and Hugh Moore for  his guidance. This is a well put together program.

**

Having visited the jails, both were maintained as well as could be expected, but the County jail is old, and if it is replaced and outsourced, the owners  will want to keep it full to maximize  their bottom line. That means that some people may be in there that could be punished some other way, like the use of an ankle bracelets more often, and they may not need to be there at all.

The Juvenile Court was eye-opening. The things that young people are doing today is mind boggling, the discipline is just and fair. The officers in all of the jails have a hard job.

..,

The classes are done well, but if an inmate is found to have a talent and can handle higher educations, there should be a way to give it to them, like a Go-Fund-Me page.

Presentation of cases and talks by the Judges and Officers was enlightening. The information is valuable , like how the Officers apprehend suspects. Some do well. Some  do not know how to de-escalate a given situation , and things go bad and they compound  their  mistakes by beating up a suspect. The Officers should be punished just like anyone else  is.  I know  it's a hard job, but they know that going in.

If there ever was a reason for Metropolitan government,the problems with the Police departments of all the cities and counties around us, this is it. If not metro, then consolidation of police departments.

I . Police Officers need more training in handling the mentally ill and how to identify them.

2.     The Grand Jury calendar should include the names of the speakers that are to come before us so that we may know beforehand so we can be on time.

3.     The Grand Jury should see the videos of the traffic stops and arrests with dash cams/body cams.Although, I know they want us to see the good traffic  stops and not the ones that show them in a bad light.

**

When I received my Summons for Grand Jury duty, I was hoping not to be selected. I was hesitant to serve because I didn't want to be exposed to crime around me. I am saddened by the amount of crime in our communityDrugs seem to be a big problem in Chattanooga, as I'm sure they are elsewhere. I am frightened for the safety of our Officers and EMS with the Fentanyl crisisI believe it is paramount that everything is done to protect their safety in these timesThis civic duty has made me a more aware citizen but it has also left with a tainted view of the people around me.

It would be nice if the system for hearing cases could be fine-tuned. We as jurors are required to be present every other Monday and Tuesday from 9:00 a.m4:00 p.m.,  but  often found ourselves only hearing case until 10:30We would  then have to report back  at 1:00 p.m. and maybe hear cases until 1:30 or 2:00. It is my understanding  that there  is a backlog of cases  to be heard. It is frustrating as citizens taking time from our lives to perform this civic duty when the Officers don't appear to present their cases. I understand that circumstances arise, but I hope that an emphasis could be placed on the importance of their appearance before the Grand Jury.

**

I wanted to make a few suggestions to make the Grand Jury better:

1.   I know that the Police have things going on outside of work, but to me, it is very disrespectful of them not to show up. We, the Grand Jury, have to show  up no  matter what, so what makes the Police any better than us? Maybe someone  could  be hired part-time to read their cases when the Officers aren't able to make it.

2.    Since I've been on the Grand Jury, no one has offered to show us any video of the crime that has been committed. That would be very helpful.

Thank you very much, it has been a pleasure to serve on the Grand Jury.

**

Serving on the Hamilton county Grand Jury has been an illuminating look into the judicial system. Hearing accounts of the criminal activity in Chattanooga and all the strains on our justice system, was both overwhelming and emotional. I was treated with respect and appreciation for participating. Many of the judges, and several detectives, took time out of their busy days to explain their roles and answer questions. Having no prior legal knowledge, !found these  presentations to be educational and fascinating.

Witness scheduling and accountability is an issue. There is currently a large backlog of cases. Some days we would only hear a handful of cases while other days we would be inundated. A better organized schedule could alleviate this problem. Video footage pertaining to cases should always be available when the case is presented. Video collected by officers is an unbiased voice when analyzing a case. For charges of resisting arrest in particular, officers should be prepared with body cam footage of the arrest.

While touring the local detention centers we were shown the facilities from the employee's perspective. If the purpose of these tours was to promote transparency, !feel it was  unsuccessful. The tours did help me understand the weight of them revoking someone's liberty. I applaud the employees who work at these facilities. These guards are essential to society, underpaid and forced to work overtime in a very dangerous environment.

The Hamilton County jail is in dire need of replacement. The facility is outdated,  only the top two floors were designed as a jail, while all six are being used. It seems incautious  that  any jail would be consistently overcapacity and under staffed in the heart of a city. I feel funds for a  new facility should be made a budgeting priority. A cost analysis to continue running this outdated facility would most likely prove the investment warranted.

It is common public knowledge that America's justice system is overburdened. My Grand Jury experience strongly validated this hypothesis, but learning about the mental health court and drug court was encouraging. This is a cost effective way to use the authority of the courts to rehabilitate versus condemn non-violent repeat offenders. I appreciate the noble efforts of Judge Tom Greenholtz, Judge Don Poole, and Judge Lila Statom in running these programs.

Grand jury foreman, and Bill West, presenting ADA, have been a wealth of knowledge throughout my term on the Grand Jury. They encouraged me to ask questions and engage in the process. Thank you for your patience and professionalism.

**

My personal experience with the Grand Jury, May -August 2019 has been very enlightening. It has given me an awareness of how our judicial system works Hearing from the Hamilton County Judges and other guest speakers was very beneficial to me in the process.  It can be a little frustrating when you wait for witnesses to present cases. I do appreciate those that came in to present their cases, but I feel that this is an area for improvement. Our trips to Silverdale, Juvenile Court, and Hamilton County Jail was also an enlightening experience. Silverdale  was well run, and I think that the staff there are doing a good job maintaining the facility. I also thought that is was nice to see that they have a class and can learn skills they need once they are released. Juvenile Court and Detention Center was also well run. I was impressed by the staff in general. It was good to know that while they are in the detention center, they are still able to attend school to keep up with their studies. Hamilton County Jail was also well run. I do believe that the facility there should be re-built. I do understand that doing so would create a lot of logistic issues, but, in my opinion, it would be for the better. As stated, my experience was enlightening and beneficial. Thank you for allowing me to serve.

**

I volunteered for this Grand Jury duty, because I am a retired teacher. I live in the East Brainerd area, near the Silverdale Detention Center, but I had never  been inside the Center.  I  have been in the Catoosa Co. jail, and the Walker Co. jail taking my students on tours.  I have served on a regular trial jury, so this was an interesting side of the judicial process for me. I was greatly impressed with the amount of education we got about the courts, the  two detention facilities, the jail, and the juvenile court. The police officers, also, educated us on terms, why they stopped someone's car, and about other technicalities involved in an arrest.

I found the Silverdale Detention Center to appear clean and adequate, but I know it is inadequate to house those inmates who are mentally ill or mentally challenged. I wish there could be separate quarters for these people.

I thought the Juvenile Court Judge was every good at explaining his dilemma with having boys under 18 in for murder, and what kind of punishment to give them. I have been to Boys Town  in Omaha, Nebraska. The state should develop one or two places like it to try to rehabilitate juveniles in this state. I saw, in another Grand Jury's report, where it  was suggested that  the school system should monitor students for early signs of mental health, signs  of neglect at home, and possibly pairing with college students to be big brothers and sisters for these at risk students while in Hamilton Co. schools.

The Hamilton Co. jail really needs to be replaced by a new building. It needs to have adequate heating and cooling, as well as be safer and securer. I also think it should have a  separate area for the inmates who are mentally ill and mentally disabled.

I found it very frustrating to have so few policemen come to present cases to the jury. I would not mind if one officer could present five or so cases from his municipality, in-order to prevent a shortage of officers on duty at any time. I see their lack of coming to present cases as preventing the expediency of the justice process. I would even suggest live online  interviews between the jury and the officer, if that would help.

!found the experience to be very educational and enlightening, but at the same time a very sad situation for our youth and young adults. I am not sure where we can begin to make the right changes either in homes, schoolsor correctional facilities.

**

The time  I spent serving on the Grand  Jury from May to August  2019 was very rewarding. I had a good understanding of the court and penal system before I was selected  for the Grand  Jury, but I have learned so much more than I knew before. I have a greater respect for how the police and corrections officers respond to what they go through every day.  We rely on them  to keep us safe and secure while expecting them to be better people than most.  There are some  who do not reach this expectationbut I think most meet it better than we could.  To those  who  do,  I say, THANK YOU!

I feel that the Grand Jury serves an even greater  need than in the past due  to the fact that so many cases are being plea bargained these days, meaning that the Grand  Jury might be  the only outside body looking over cases.  That being said,  I think that the Grand Jury is doing the job it was designed to do well. I find that most of the people presenting cases to the Grand  Jury are  well prepared and will not bring in cases that are frivolous and petty. There are some  dubious  cases that show up from time to time, but all and all I think most of those cases are dropped before they are brought before the Grand Jury. The presenters are also good about  showing that there was just cause for stopping the person in question.

During our time on the Grand Jury, we had a chance to talk with several judges about their jobs, duties, and responsibilities. I feel that all of the judges we talked to truly cared for the people who they deal with each day while looking out for the greater good of Hamilton County. I was verypleasedtoseethatwehavecourtssetuptodealwithmentalhealthanddrugaddictionissues. These courts help to move individuals out of the justice system and into becoming productive citizens. The success rate of the drug program is downright amazing. The other great benefit of the Drug Court is that the cost per day to have a person in Drug Court is about one-fourth to one­ half that of housing them in the penal system. In the long run, the county will see substantial savings and help the people who really need it. The Mental Health court is newer, so we have less long-term information on its effectiveness, but it is showing good results so far.

There are a few changes that I would like to see to help the Grand Jury conduct its business:

(a)   The first is to have a microphone installed for the soft-spoken people who present the cases to the Grand Jury. Some Grand Jury members have trouble hearing, and it would make the whole process run more smoothly.

(b)   The second is that we were sometimes left with no cases to hearIt was frustrating that we were taking time off from our work and lives to do this important civil duty and the police and other officials who presented the cases were not there to present their cases. Neither the Regular Grand Jury, nor the Concurrent Grand Jury, heard enough cases consistently each week to keep up with the cases in the court system. I understand that we are at a ten year high on being behind on the case workload.

(c)   I would like to see a system in place so that the police forces that are short-staffed could present to the Grand Jury from their respective police stations. That would make it easier for them to present the cases and still be able to perform their duties in their jurisdictions. This system would also help cut the costs to each police force and make them more effective.

I found out during my time on the Grand Jury that when someone on The Sex Offender Registry is released from jail, the office that takes care of Sex Offender Registry and parole of that person is not automatically informed by the jail. The person on the registry is required to contact  the parole officer after his or her release or he or she will be subject to legal action, but I feel that this flaw is a very large and easy-to-close loophole that puts the public at risk forno reason.

We toured all three detention facilities in Hamilton County and found them to have many good features and some that could be improved. Overall, I think that they do a good job with what they have to work with. I think that the Hamilton County Juvenile Court facilities are o utstanding. While we were there, we saw minors throughout the center. They all seemed to be in good spirits considering their situation. There were some in the library/school facilities, while others were dispersed throughout the facility. The situation in the facility seemed to be representative and genuine.

The situation at the Silverdale Detention Center run by Core-Civic seemed a bit more staged. The people held there were in their cells because it was time to do an inmate count. This count was going on the entire time we were there. The exception to this state of affairs was the section that housed the female inmates. It operates on more of an open concept and therefore did  not have the same confinement parameters. Other than the female inmates,  we talked  to two to three other inmates who work in the kitchen. I did find the facility to be clean and orderly.

The Hamilton County Jail was more of what one would expect to see in a jail. People were out of cells and moving around in open, contained areas.  I was able to interact with the prisoners if I wanted to. I thought that I got a feel for that was really happening in this facility.The facility was not well designed to be a jail, and the amount of manpower needed to run it is much higher than would be needed if the facility had been designed differently. It also needs a great deal of repair and maintenance. I feel that the officers who work at the facility are doing an excellent job with what they have to work with.

I asked for and was given the daily costs to house inmates at Silverdale Detention Center and at the Hamilton County Jail. The average cost per day in 2018 to house an inmate at the Hamilton County Jail was $107.13. This figure is up $10.24 from 2017. The average cost to house an inmate at Silverdale Detention Center is $51.21 per day, up $3.98.from 2017. These figures show that the cost to house an inmate at the jail is $55.92 per day higher than at Silverdale.  Much of this extra expense I believe comes from having to put Band-Aids on the outdated jail and  the extra manpower needed to run it because of its poor design. This problem will only became worse as the current jail ages. With slightly over 500 inmates who are detained in the Hamilton County Jail, we spend over $10,053,297 more than if they were housed in Silverdale. I have heard that it would cost about $20 million to build a new jail facility. If this number is correct, then in two to four years a new jail would pay for itself and save the county MILLIONS of dollars each year thereafter. This new jail, of course, would require a bond issue or temporary tax increase, but in the long run it would save the taxpayers untold millions of dollars. I would like to see the county be able to build a new jail facility on the Silverdale property, of which 25 acres are not being used, and have the Sheriffs Office run both facilities. They could then use the current jail/sheriffs Department for processing of new arrests (which it is doing currently), holding people awaiting court appearances, and have space for further police/sheriff/court facilities.

Thank you for giving me the opportunity to serve on the Grand Jury.

Conclusion:

The Jury wishes to extend its thanks to Assistant District Attorney Bill West who ably and efficiently presented the State's cases, and explained applicable law. The Jury appreciated  the always pleasant and polite assistance provided  by Sgt. Brian Moseley,  Sgt. Jeff Reardon, each of the other officers who work with the Jury, and Don Keasing who schedules the appearance of witnesses. Criminal Court Judges Barry Steelman, Don Poole, and Tom Greenholtz, and General Sessions Court Judges Christy Sell, Lila Statom,  Gary Starnes, and  Alex McVeagh all met  with the Jury and provided valuable insight into the workings of their individual courts, and the larger justice system. Larry Henry and his staff in the Circuit Court Clerk's Office (Margo McConnell) supported the jury in every way.

 

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