The Hamilton County Concurrent Grand Jury had an abbreviated schedule due to the continuing coronavirus.
The panel was unable to make the usual inspections of several facilities.
Here is the report for the Concurrent Grand Jury headed by Hugh Moore:
In compliance with Rule 6(e)(7), Tennessee Rules of Criminal Procedure, the Hamilton County Concurrent Grand Jury for the January - April Term, 2020, submits its Report, as follows:
Cases Presented:
Because of the health threat from COVID-19, the Concurrent Grand Jury only met for five two-day sessions. The Jury was not able to conduct its scheduled inspections of the Hamilton County Jail, the Silverdale Correctional Facility, or the Juvenile Court and Facility. During the abbreviated term, approximately 288 cases were presented to the Concurrent Grand Jury. The Grand Jury returned 212 true bills, 57 no bills, and at least 19 presentments (figures for presentments at one two-day session were not available). 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, etc.), but questioned whether some improvements might be made, and the time of the Jurors more efficiently used.
Presentations from Judges:
Five Hamilton County Judges took time out of their busy calendars to meet with and take questions from the Jury (Judges Greenholtz, McVeigh, Poole, Sell, 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. The 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 Officer Andy Voss, on the training and use of K-9 dogs in law enforcement.
Finally, Magistrate Ron Powers explained the vital 24/7 role of the Magistrates in approving warrants, and determining bail.
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 each of the suburban municipal departments, probation, Chattanooga Housing Authority police, 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 officer 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.
Observations and Comments from Individual Jurors:
I found the position of Grand Jury to be a positive one. It was satisfying to be a part of the judicial process. From beginning to end, the jurors were welcomed with respect and made to feel very comfortable with every need accommodated. I enjoyed getting to know the other jurors and our most professional foreman, Hugh Moore. He always made it very clear that no question was too small or nonessential. I liked the process of things moving forward efficiently without feeling it was being rushed.
I was greatly impressed with the judges that came in with presentations. It was refreshing to see how they valued the offender as a person. There was a strong sense of empathy and attention to considering what would be best in the bigger picture of the offense. Instead of becoming callous to their day-to-day responsibilities, I saw persons with deep morals, big hearts, and gentle demeanors.
The law officials presenting their cases were quite professional as well. Each offered a report that was thorough to make our job easier in making decisions. They were very approachable and again made us feel very comfortable asking any questions we had.
It was an honor to be able to be able to serve the community in this most important part of the judicial system.
******
Introduction. Last year a grand jury summons arrived in the mail. A Friend said “Aren’t you too old?” I checked. “No.” “Oh no, it’s for the summer session. Our travel plans included a much anticipated family reunion” But wait, I could ask for one delay, so I applied. It was granted. January 6th arrives and I’m sitting in the jury room with many other citizens. “My goodness how can a random selection from the Division of Motor Vehicles produce such great diversity.” A comment of “I hope I’m not picked” is made. “I agree” I want to be home with my 18 year old cat who is in final stages of palliative care. But not to worry, I have care arrangements for the every other week Monday and Tuesday sessions. Judge Greenholtz addresses the assembly. As I listen, I am reminded of how blessed I am to have been born in the United States of America with our form of justice. A system that thru worldly travels I’ve learned is admired and sought after by many who wish to relocate here for this very reason. The invitation for volunteers is issued and quickly the regular grand jury is seated. Volunteers are requested for concurrent jury. Without hesitation, I proudly stand, walk up and take a seat. Judge Greenholtz has to strongly “encourage” the last three jurors to come forth. If not, it’s a draft. After oaths, paperwork, etc. jury foremen take charge with the regular jury starting work and the concurrent jury dismissed until the next week. As I leave the courthouse, I look around at all the people (police officers, attorneys and their clients, family members) waiting outside the various courtrooms. I think about the awesome responsibility I have just accepted to evaluate if the evidence presented by the “state” lends itself to “probable cause.” The evidence presented to a grand jury previously indicted these defendants who are now waiting for a judge’s sentence. I pray that I deliver “justice.”
Enforcers. Police Officers. My lifelong admiration for our law enforcement men and women grew even more with every session. Our society’s current relationship with police officers is distressing. They are whom we call first when we have been “wronged” and want justice. We heard from a range of impressive city and county police officers, undercover officers/detectives, probation officers, state trooper, etc. In any profession there are misfits and it is the job of supervisory management to remedy the situation. The range of knowledge police officers must possess is staggering. Examples are: >Rule of Law—what law(s) is/are being broken/abused and the penalties. >Medicine—what is the health status of the person(s) being apprehended and the victim? Life and/or Death situations--drug Overdose, DUI, gunshot, rape, assault, etc. They are counselors in “cooling off” heated domestic situations. They are comforters. And so on. They are the first line of defense against those who seek to do harm, who have little regard for the rule of law and order. Many officers appeared wearing their protective vests and body cameras. As I watched and listened to the officers give details of their reports and answer every question from the jurors with the intent of factual transparency, I was struck by the fact that every one of them was a potential candidate for not returning home to their families safely. Any moment a concealed weapon could appear and be used. An ambush could erupt, a collision during a pursuit, etc. I wonder: “how many of us could live in this manner?” and still manage to have some compassion. Police officers do. At the end of every call/encounter, police officers are expected to complete a detailed report of the incident, follow up on additional evidence or reports, any lab or forensic tests, and when warranted, appear/present evidence to the grand jury and/or trial. Police Officers deserve respect!
Enforcers. Judges. We were honored to have Judge Don Poole, Judge Tom Greenholtz, Judge Barry Steelman, and Judge Christie Sell take time out of their packed schedules to address our group. Judges’s first statement was their appreciation for our service. They explained their paths to the bench, their job description, their interaction with the state/local legislatures, and their judicial philosophies. I found them all to be fascinating in sharing their approach to administering justice/sentencing. A common goal amongst the judges was that they issue an appropriate judgment for the crime committed. Each expressed a desire that wherever possible, a defendant/criminal have an avenue and opportunity to turn around their life before irreparable harm is done. Judges Poole, Steelman and Greenholtz invited the jurors to visit their courtrooms. Judge Sell’s Sessions Court room is not available to visit as those cases may be presented to the Grand Jury and that would present a conflict. I was fortunate to sit in all three courtrooms on different days and different cases as a result of “lax” time between morning and afternoon sessions. Jury work is dependant upon police officers’ schedule and that can be erratic. Perhaps this situation can be improved. I am pleased to report that I observed each judge exhibit his/her stated philosophy. Each judge acknowledged the grand jurors’ presence in his courtroom. In Judge Greenholtz’s courtroom a murder trial presented an opportunity to observe jury selection and the start of prosecution. Unfortunately, I was not able to observe the process to a verdict status. I was impressed with the judicial skill he exhibited in administering the presentation of evidence to the jury, the defendant’s constitutional right to a fair trial, one defendant and two prosecution lawyers intent on winning the case, and courtroom spectators. Judge Poole and Judge Steelman were devoted to making each defendant understand their constitutional rights and with each sentence, encouragement to be successful. Even offenders who have a repeat pattern are encouraged to be successful. In addition to regular judicial duties, the judges have instituted a drug and mental health court with future plans for a vet court. These programs have made a difference but could use more funding. Hamilton County is fortunate indeed to have these impressive compassionate judges.
Perpetrators/Defendants. Hearing the evidence behind the cases presented is at times mindboggling be it tragic or amusing. Amusing? Yes, amusing in the method of and justification for criminal behavior voiced to a police officer. I found myself pondering how we as a society view criminal justice. What is the impact of cultural changes such as recent marijuana legalization on criminal behavior? Our cases ranged from petty theft to murder. I gained a greater awareness of the amount of crime in Chattanooga--even close to my own “quiet” neighborhood. I learned many neighborhoods have a constant danger of gang related drive by shootings, drug deals and burglaries. I often pondered how destructive this environment can be, and is, to our community and society as a whole. I also pondered the criminal mind. The number of repeat offenders from years of criminal activity amazed me. I also learned they can be repeat users of rehab programs that are supposed to help them restructure their lives. What is the mindset of a perpetrator who has continued in a criminal manner after participating in court appointed rehab efforts? How is it that some perpetrators learn from one incarceration or one rehab program and are successful in restructuring/rescuing their life while others just continue the cycle of crime? Don’t perpetrators just get tired of the intensity of criminal behavior? Grand jury duty certainly exposes a parallel universe, consumed by darkness and despair where its inhabitants seek relief via whatever method, mostly drug related and primarily criminal in nature. Begs the question – What do we do about it and how do we resolve it? Rule of Law must be maintained and enforced.
Other Speakers…. Magistrate Ron Powers addressed our group. He had just finished his shift at the Hamilton County jail. Listening to the magistrate, I envisioned his assigned space similar to Grand Central Station. We had heard magistrate references in officer reports. Hearing Ron cemented the vital role of this position in the process. SUGGEST he be first speaker if possible.
I was so excited that Officer Andrew Voss, Sheriff’s K9 Unit, addressed our group. I have been an admirer of K9 units since seeing them many years ago operate as members of the U.S. Army. While Officer Voss was unaccompanied, great pictures were available. Invaluable police officers! K9s should receive pension benefits inasmuch as they generally continue to live after retirement with their handler who covers the health costs. K9 Social Security is warranted.
Fellow Jurors…It was a pleasure to enter the jury room each morning session. We were a diverse, cohesive, interesting group of citizens of varying ages, life and job histories and absolutely dedicated to fulfilling our job in a judicial manner. Job accomplished!
Leaders/Support Team…Thanks to our sentries--Sgt. Jeff Reardon and Don Keasing—for their delightful humor and skill in shepherding witnesses to keep the process moving. Thank you to Bill West for explaining the law and answering our questions in understandable terms. Finally, Thank You to our foreman, Hugh Moore. I truly appreciate your skill and commitment to ensuring a meaningful experience supported not only by knowledge of the law but the guest speakers who provided knowledge of “the wheel in motion.”
Thank you for the opportunity to serve. I did truly enjoy the experience.
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 Don Keasing 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.