The two Hamilton County grand juries have been soldiering on with their important work during the current pandemic - operating in a specially designed room.
The room at the county's MLK Building on Oak Street includes separate tables for each grand juror. They hear from witnesses via an audio/video link set up by county Information Technology personnel.
Hugh Moore, foreman of the Concurrent Grand Jury said the system has worked well - except for the need to be able to better examine evidence.
The Concurrent Grand Jury had this final report:
In compliance with Rule 6(e)(7), Tennessee Rules of Criminal Procedure, the Hamilton County Concurrent Grand Jury for the July - November Term, 2020, submits its Report, as follows:
Concurrent Grand Jury Adapts to COVID-19
Hamilton County's two Grand Juries were the first judicial entities in the County to resume in-person sessions after the March, 2020 shutdown of Courts due to the restrictions caused by the COVID-19 pandemic.
The previous Concurrent Grand Jury met for an abbreviated term, shutting down in March. This Concurrent Grand Jury met for an unusual July-November term, adjourning before the Thanksgiving and Christmas holidays.
The Office of the Circuit Court Clerk, Larry Henry, and Shawn Johnson, Criminal Justice Public Safety Coordinator, together with the Hamilton County Information Technology team, worked hard to create a new room for the Grand Jury, in the County's MLK Building. Jurors sat at separate tables, and wore masks throughout the daily sessions. All witnesses appeared via an audio/video link with the regular Grand Jury room, in the Courts Building. Everyone whose work and innovative ideas made this new set-up work is due a great deal of thanks. A major issue with the new arrangement is that the Jury cannot effectively see video evidence offered by witnesses. We understand that it is technically possible for there to be a link, via laptop, that would permit the Jury to view video evidence. The Jury requests that if such a link could be established, using an existing laptop, and at no expense to the County, that the video evidence link be ready for the next Grand Jury sessions. Also, some jurors asked that the tables be rearranged into more of a U-shape, so that the Jurors could see each other. Shawn Johnson has agreed to work with the Juries on this request.
Cases Presented:
The Concurrent Grand Jury met for nine two-day sessions. Because of the COVID-19 pandemic the Jury was not able to conduct its usual inspections of the Hamilton County Jail, the Silverdale Correctional Facility, or the Juvenile Court and Facility. Members of the Jury requested that, if possible, they be allowed to tour these facilities once it is safe to do so.
During the term, approximately 503 cases were presented to the Concurrent Grand Jury. The Grand Jury returned 343 true bills, 111 no bills, and 49 presentments.
On some days comparatively few law enforcement officers appeared to present their cases. As a result, the Jury would adjourn shortly after 1:00 pm. The Jury recognizes the many problems inherent in scheduling these appearances (shift schedules, court appearances, paperwork issues, vacations, etc.), but questions whether some improvements might be made, and through those improvements the time of the Jurors be more efficiently used. Apparently there are many cases ready for presentation, and the Grand Jury is always ready to hear them. It is the Jury's understanding that with the able, friendly assistance of CPD Sgt. Jeff Reardon, all CPD cases that were ready for presentation to a Grand Jury were presented by the conclusion of the term.
Several of the presenting law enforcement agencies allow officers to present cases worked by other officers, which is fully permissible under the law. The Chattanooga Police Department, through Sgt. Jeff Reardon, does particularly well with this method of presentation. Sgt. Reardon will frequently present as many as 10-15 cases at a time, which allows other CPD officers to maintain their regular schedules.
Thefts of firearms from unlocked vehicles:
The Jury heard several cases in which firearms, sometimes loaded, were stolen from the glove compartment or console of an unlocked vehicle. The Jury is aware of and pleased that the Sheriff's Office recently issued a general warning and advice to vehicle owners to not leave firearms in an unlocked vehicle. All law enforcement agencies in Hamilton County should make such warnings a priority.
Sheriff's Office personnel policies:
The Jury recommends that the Sheriff's Office review its existing personnel regulations regarding falsification of time sheets and determine whether such conduct should receive different or more serious punishment or discipline.
Presentations from Judges and others:
Three Hamilton County Judges took time out of their busy calendars to meet with and take questions from the Jury (Judges Greenholtz, Poole, and Steelman). The judges' presentations were universally well received and appreciated by the Jury. Most Grand Jurors have no prior experience or familiarity with the criminal justice system. These talks enabled the Jurors to understand where their work fits in the system, and how vital their role is as impartial citizen gatekeepers to the Criminal Courts. The Jury also heard an excellent presentation by Magistrate Ron Powers, who explained the vital 24/7 role of the Magistrates in approving warrants, and determining bail. CPD Detectives Vernon Kimbrough and Lee Wolff explained their interesting and important work to the Jurors.
Respect for law enforcement:
During their abbreviated term of service the jurors heard from scores of local law enforcement officers, from not only the Hamilton County Sheriff's Office and the Chattanooga Police Department, but also from several of the suburban municipal departments, Tennessee State Troopers, and others. As with other Juries, these Jurors learned first-hand what these public servants face on a daily basis, and as a result, the Jurors' respect for the service of these law enforcement officers was strengthened. Each of these officers is commended by the Concurrent Grand Jury for their dedication, hard work, and skill.
Silverdale Detention Center (CoreCivic):
No inspection was possible.
Hamilton County Juvenile Court:
No inspection was possible.
Hamilton County Jail:
No inspection was possible.
COMMENTS FROM GRAND JURORS
First of all, I would like to thank all those that worked so hard to keep our Grand Jury duty so safe during the Covid pandemic. At no time did I feel unsafe, uncomfortable or compromised. Secondly, I wanted to express how much more I have enjoyed serving than I ever imagined I would. This experience has opened my eyes to so many things: a better understanding of our laws, our judicial system, the incredible work our law enforcement officers do on a daily basis, as well as the disturbing and sometimes horrific activities/crimes that have been occurring all around me on a regular basis while I have lived in ignorance of it all. I now keep my eyes and ears open much more when in public spaces/roads than I ever did before this experience. Chattanooga clearly has a drug problem that has gotten completely out of control despite the best efforts and hard work of our outstanding detectives. It is my opinion that more money and resources should be delegated towards apprehending and prosecuting those who are dealing the drugs.... start at the source.
It was a little disappointing that we never got to experience or visit the Grand Jury Room and/or the jail tour, but I understand why that had to be and am hopeful that experience can be offered to us as a “raincheck” after the pandemic has settled down. Those are opportunities I would very much enjoy. Meanwhile, I do have a suggestion for the next Grand Jury that must meet virtually. I feel that the Grand Jurors would have a better sense of camaraderie if the desks were positioned in a way that everyone could not only see the large virtual screen, but also see each other. Because I sat in the front of the room (and because we all wore masks), I do not think I would even recognize most of my fellow jurors if I were to pass them on the street. This reality makes me sad, and I feel that this situation could be easily rectified if everyone was able to see everyone else’s faces (as is customary in the regular Grand Jury Room). Being able to see everyone would also be extremely advantageous during the voting process. There were several cases that I was unaware we no billed because I could not see the show of hands behind me. I would have encouraged more conversation regarding some of those no bills had I been given the opportunity to see that we were indeed no billing them. I believe that there is ample space available to position the desks in a more functional layout to encourage more conversation, questions and friendships. Other than that one issue, I feel that our first pandemic Grand Jury term was a huge success. Congratulations to the technical team on a job well done!
Thank you to Hugh Moore for his service and guidance. It has been an honor to serve with him.
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Serving on the first post COVID-19 Hamilton County Grand Jury has been an interesting experience. Those tasked with seating this Grand Jury and insuring its safety accomplished those tasks well. They deserve our gratitude.
This Grand Jury had a good mix of ages, ethnicities and genders representing Hamilton County. Utilizing office space in the MLK Building worked well and afforded Jurors security and convenient parking. The video conference system worked well, with the few problems being quickly remedied.
Hugh Moore proved to be accommodating, friendly, informative and professional in performing his duty as our Grand Jury Foreperson. Hugh scheduled guest speakers to share insight into their respective areas. I appreciate these guests taking time to speak with us and answer questions. Due to COVID concerns this Grand Jury was not able to tour Hamilton County facilities as previous Grand Juries have.
Members of our Grand Jury have requested a rain check to be able to tour these facilities whenever it is again safe to do so.
This Grand Jury was presented cases ranging from minor misdemeanors to high level felonies.
Most witnesses appearing before this Grand Jury were adequately prepared, however, some witnesses were not prepared to exhibit evidence mentioned in their testimony.
Even though the Grand Jury is not a trial jury, witnesses should be prepared to exhibit any evidence mentioned in their testimony; audio/video recordings, documents, photos, phone records, social media records, test results etc.... Exhibiting the evidence can help the Grand Jury in making their decision.
There are published reports of incidents involving possibly inappropriate actions by Officer Jordan Long. In one incident, dash cam video shows Officer Long forcefully pulling/pushing Matthew Gilmore to the ground near oncoming traffic causing another Officer to quickly intervene. Officer Long's statement regarding this incident does not appear to match evidence and other statements. Officer Long has also reportedly fired his service weapon on multiple occasions with one of these incidents resulting in the death of Tyler Hayes.
I requested our Grand Jury investigate the incidents involving Officer Long. The assistant District Attorney stated nothing could be done until law enforcement investigates these incidents. If this is true, it presents a very concerning problem for the people of Hamilton County.
Just as good law enforcement should be acknowledged, applauded and rewarded; bad law enforcement must be acknowledged, adequately addressed and appropriately remedied.
The City of Chattanooga has a Police Advisory and Review Committee which was reaffirmed by a majority vote on the November 2020 ballot. Hamilton County needs to establish a similar group. This group should be comprised of people from all municipalities in Hamilton County. This group should be authorized and empowered to review all aspects of law enforcement in Hamilton County municipalities and to make actionable/enforceable decisions. The group's focus should not be solely on problems regarding law enforcement, it should also recognize and promote positive law enforcement.
All law enforcement persons and vehicles should be equipped with audio/video recording to document all incidents.
If Law Enforcement is to receive respect and support from the community, it must work with the community and be willing to be held accountable to the community it serves.
To those called upon to serve on a Jury... Please accept the opportunity to serve your community in one of the highest capacities available.
I appreciate being afforded this opportunity.
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I have thoroughly enjoyed the opportunity to serve on the grand jury. Having worked for many years in the field of emergency services where I responded to assaults, homicides, motor vehicle collisions, and other incidents and also in retail where I witnessed theft & fraud, I found it fascinating to be able to see and be involved in this step of the process of adjudication of the crimes which were presented to us. I wasn't as surprised by the types and occurrences of the crimes presented, but rather by the multiple times that some defendants were presented to us with multiple presentations of the same charges (theft, drugs, burglary, DUI), either from one law enforcement agency or from multiple law enforcement agencies occurring in one day or over several days, weeks or months.
Each one of us who served on the grand jury came from different backgrounds with different life experiences and contributed insights into varying aspects of the cases which were presented to us. From my viewpoint, we each voted as to how we understood the charges and evidence presented to us without any pressure or coercion from anyone.
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I volunteered for this Grand Jury because I was intrigued with how the system works. My personal experience with Grand Jury duty dated July through November, 2020, has been very informative. It has given me awareness to how our legal system works. I had a relatively decent understanding, but I have learned so much more than I knew prior to this experience. I have a greater respect for how the police and the correctional officers respond to situations within their day-to- day life given what they go through every day. During our time on the jury, we had the chance to talk to several judges about their jobs, duties, and responsibilities. I feel that all the judges we communicated with genuinely cared for all the people who they dealt with each day, while looking out for the greater good of Hamilton County. The police officers also educated us on terms, explained why they stopped someone's vehicle, and how the approached each individual while they were under the influence, and ultimately what led them to make an arrest. I found the overall experience good, but at the same time, there were several instances where I thought about the youth and young adults that were in a very sad situation. That being said, I am not sure how to make changes or how to make things right, whether it be within schools or other facilities, but I can say and give a message to people who serve this country like the Grand Jury is challenged. God bless everybody who is serving our country and doing good for all of us. Thank you for giving me the opportunity to serve on the Grand Jury.
Conclusion:
The Jury wishes to extend its thanks to Assistant District Attorneys Bill West and Jerry Sloan 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. Jeff Reardon, and by Don Klasing who scheduled the appearance of witnesses. Larry Henry and his staff in the Circuit Court Clerk's Office (Margo McConnell) supported the Jury in every way.
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HUGH J. MOORE, JR.
CONCURRENT GRAND JURY FOREMAN
Filed with the Hamilton County Criminal Court Clerk
Dated: November 30, 2020