Here is the Concurrent Grand Jury Report for the September-December 2024 term, by Rosemarie Hill, foreman, presented on behalf of and with the assistance and agreement of the concurrent grand jurors, filed on Dec. 11.
General information on Concurrent Grand Jury: The Concurrent Grand Jury was sworn in on Sept. 9, and met between Sept. 23 and Dec. 10, every other Monday and Tuesday, with no hearings on Nov. 11, Veterans’ Day. We also took a number of tours and received training on specific law enforcement apprehension procedures– see below.
Hamilton County has two grand juries (Concurrent and Regular) that meet on alternate weeks and share the same duties and responsibilities. We both hear evidence from law enforcement officers and determine if a person arrested or being investigated for a crime should be formally charged with that crime. This report is the Concurrent Grand Jury’s - the Regular Grand Jury has a separate report.
The CGJ was a mixed group in terms of life and professional experiences, education, specific technical expertise, ideologies, and ages ranging from 37-75. There were 13 regular grand jurors, with six alternates, guided by foreman Rosemarie Hill. We were an engaged jury who listened and questioned the testifying officers, sought legal clarification from the district attorney when needed, and talked amongst ourselves (sometimes vigorously), thus gathering as much information as needed to make crucial and independent decisions. With every case, we considered the facts presented to us as well as the potential impact on the victims and their loved ones, the accused, law enforcement, and the public before rendering our decisions. All decisions to indict were unanimous.
We were presented with 316 cases which contained 988 separate charges, and on which we returned 986 true bills and two no bills. We considered 49 direct presentments of case facts that contained 279 separate charges, and on which we returned 279 true bills.
Case Presentations and Issues; Information Provided by Law Enforcement: When a case is presented to the CGJ by an officer, he or she has already spent many hours on apprehensions, arrests, follow-up fact and evidence investigations, paperwork, and reports to the District Attorney’s office as necessary. Thus, cases brought to the CGJ are generally well prepared and not frivolous. After the evidence is presented, we can question the presenting officer and get advice on laws from the DA. We then discuss the cases and vote on whether to indict (true bill) or not (no bill).
Presenting law enforcement officers this term hailed from both state and surrounding jurisdictions, including Hamilton County, Chattanooga, East Ridge, Collegedale, Red Bank, Signal Mountain, Soddy Daisy, Sale Creek, the Tennessee Highway Patrol, and Tennessee Wildlife Resource officers.
We heard and reviewed details of many different crimes, including first-degree premeditated murder, second degree murder, voluntary manslaughter, reckless endangerment, targeted and random shootings often resulting in serious injury or death, rape, child rape, child abuse, human trafficking, aggravated assault, domestic assault, theft of all sorts, breaking and entering, burglary of homes, businesses, or cars, fraud, false reports to police, identity theft, and many variations of unlawful drug possession, manufacture and sales, and driving under the influence.
The CGJ is generally impressed with the thoroughness of the testifying officers, not only in presenting but in answering follow-up questions. These answers provide both context for the specific cases, as well as information on general law enforcement procedures. However, sometimes officers were not organized or completely effective in helping us understand the facts surrounding the arrest (such poor preparation is still very much the exception). Of great assistance to the CGJ are simple things such as speaking clearly and loudly enough for everyone to hear, having facts reasonably organized, and using videos, photos, or diagrams to help explain the facts (although not all cases require visual aids). An officer may and should choose his or her own method of presentation, but we request that each be organized and well-familiar with the case facts.
The staff that manages the order and presentation of witnesses to the CGJ does an outstanding job of coordinating the many officer schedules and contingencies needed to bring cases before us. Don Klasing, CGJ liaison on behalf of the Hamilton County Sheriff’s office, and Sgts. April Bolton and Todd Clay of the Chattanooga Police Department are indispensable in their continuing efforts to ensure law enforcement officers are available to testify. This is no easy task as officers have many duties and time constraints that sometimes make it difficult to come before the grand jury at a time certain. The CGJ recommends that the staff and officers continue coordinating efforts so there is minimal downtime for both the CGJ and the officers.
District Attorney General Coty Wamp explained much about our criminal legal system and the burdens of proof at the beginning and end of our term. She or one of her assistant DAs were always present for a case presentation to answer our legal and process questions. The DAs do not present evidence, and they are not present when we vote to true bill or no bill a case or a charge. In fact, no persons other than the grand jurors and the foreman are present for consideration, discussions, and voting on each case.
Training and tours this term: In addition to case presentations, some law enforcement officers also took the time to help us understand the structures, challenges, and internal workings of processing various specific crimes. We received a full session of training from law enforcement on the day after we were sworn in. We also receive valuable information during the officers’ responses to questions we raise at individual testimony sessions.
Investigator Terry Topping of the Chattanooga Police Department provided us crucial drug crime information. We appreciate his knowledge and work and recognize his innate sense of humor that goes hand in hand with his rational compassion for those who become embroiled in the system.
Officers Ryan Lynn and Todd Clay presented helpful information and demonstrations on DUI issues in the field including apprehensions, arrests, field sobriety tests, and general handling of these dangerous situations involving impaired drivers on our roads.
Officer Brandon Watson presented excellent information about the Crisis Co-Response Unit of the Chattanooga Police Department. We are grateful for the existence of this CCRU and its combination of law enforcement officers, social and case workers, first responders, and courts in assisting citizens in need of mental health care.
We learned about the National Integrated Ballistic Information Network from Sgt. Josh May. The NIBIN automates ballistic evaluations and provides actionable investigative leads in a timely manner. The team and technology can identify a certain firearm as one used in other jurisdictions or crimes, and this technology appears impressive and well-used.
We thank Sgts. Bolton and Clay for organizing this training for us and scheduling it before our first hearings were held.
The CGJ was able to tour the Hamilton County Jail and Detention Center as well as the Hamilton Juvenile Court this term. At the jail, Deputy Chief Shaun Shepherd and some of his team accompanied us through some of the new facilities and improvements to the older ones. They answered our many questions and provided solid information. Historically, this tour has been limited in time because of the CGJ schedules, but we recommend that the foreman and staff consider extending the tour and perhaps setting the jail and juvenile center tours on two different days.
Our tour of the juvenile facilities was also informative and all our questions were answered. That facility is woefully outdated, but we believe the directors and staff, beginning with Judge Rob Philyaw, have worked diligently and creatively with what they have to create a jail facility for adolescents that is as good as it can be. We applaud the attitude from Judge Philyaw and all of his staff that creates an atmosphere that works to improve all aspects of juvenile detention.
There is always a certain amount of misinformation about the operation and facilities of the jail and the juvenile detention center amongst the public; some of that comes from media reports, but sometimes misinformation comes from simple fundamental ignorance of the laws and ordinances under which jails must operate. Our jails, whether adult or juvenile, must follow numerous state and other laws, municipal ordinances, and various regulations. The operations are continually scrutinized. As they should be. But we accept that although improvements to safety, cleanliness, and other living conditions must be continually addressed, any jail is - after all is said and done – still jail.
We strongly recommend continued and meaningful resources be allocated for the jail and the juvenile detention center. Enough money and personnel for updated and modern incarceration facilities and for well-trained personnel, are vital to a safe and viable community.
Another tour that was particularly informative was that of the Real Time Intelligence Center. That facility uses cutting-edge technology to fight crime. It has live feeds from roughly 3,000 cameras in our area, including from the Chattanooga Housing Authority, and various schools and businesses that share their feeds to cooperate with the CPD as needed. RTIC also has approximately 87 public cameras throughout the city. RTIC can also livestream officer body cams to receive information from officers on location and warn them of potential problems.
The staff of RTIC monitor the electronic information they receive 24 hours a day, seven days a week, and can quickly send officers where needed for emergencies or other potential problems. The CGJ was very favorably impressed with this facility and how it is run. We thank Sgt. Billy Atwell for providing us with the tour, highly commend the officers and civil employees who operate RTIC, and we recommend that this tour remain a part of the grand jury process for better understanding of cases presented to us.
Assistance from judges: We received excellent information on our drug and mental health courts from Judges Amanda Dunn of Criminal Court and Christie Sell of General Sessions Court who oversee the drug programs in their courts. Likewise, Criminal Court Judge Boyd Patterson and Sessions Court Judge Lila Statom oversee the mental health programs. These judges described the processes, goals, and results of the programs. The public often hears of the “failures” of drug or mental health court participants, but the success of the programs appears under-reported. Handling these specialized recovery courts is in addition to the judges’ normal court duties.
We recommend that mental health care must be and remain a priority for our legislators and law enforcement. Much of the recidivism in our criminal system is due to abuse of alcohol and drugs, or an individual’s mental health degradation for other reasons. Any resources necessary to continue these and other specialized programs must be reviewed and granted by the allocating bodies – whether federal, state, or local.
Other specific recommendations: We strongly recommend that our state legislators take whatever steps are necessary to get a full state testing lab in Hamilton County. We understand that funds are available and can be allocated to set up such a local lab. We must and do depend on our legislature to make it happen. Chattanooga is the only one of the “four main cities” (Nashville, Memphis, Knoxville, and Chattanooga) that does not have its own lab. This lack of local lab facilities creates case backlogs, postponement of trials, inability to get all needed evidence analyzed, and is simply unacceptable. We further recommend that such a lab include the ability to analyze all evidence, including DNA for instance. However, at the very least we must be able to have timely and local processing of evidence for substance identification and alcohol blood level results.
Conclusion and miscellaneous thoughts: The CGJ appreciates Hamilton County increasing the daily payment rate for grand jurors to $25 (from the previous $13) starting this term. We also very much appreciate DA Wamp’s office providing and updated a large TV for all of us to see visual evidence as it is presented.
All the Assistant DAs who came before the CGJ were professional and helpful to our understanding of the law that applied to the cases we heard. We believe the leadership and ongoing work of the DAs office is in solid and capable hands. We would be remiss if we didn’t specifically thank ADA Tom Landis (who spent the most time with us) for his wisdom, patience, knowledge, and wonderful sense of humor.
Hamilton County Circuit Court Clerk Larry Henry and his staff – particularly Margo McConnell – are responsible for the grand jurors’ well-being and care. They are there from the first day the jury is sworn in to the last day of our service. They are always quick to assist with our requests and suggestions.
We appreciate and thank our Hamilton County Criminal Court Judges Barry Steelman, Boyd Patterson (who was chief judge over the grand juries this term), and Amanda Dunn for overseeing the grand juries along with all their other duties, and for answering any questions that arose during the term. They all spoke with us this term and demonstrated continued support for a grand jury that is responsible, knowledgeable, capable, and independent.
If we’ve forgotten to thank others who assisted or spoke with us through these four months, it is our lack and not theirs and we truly apologize.