AG Neronha again pushes legislation to release grand jury reports

PROVIDENCE -- Attorney General Peter F. Neronha is again backing legislation that would allow the release of grand jury reports in cases that do not end in indictments, such as those involving excessive force by police and institutional misconduct.

“There are times when the public needs to be reassured,” Neronha told the House Committee on Judiciary on Wednesday. 

He praised the measure as an important step toward transparency in high-profile investigations such as the failure of Curt Schilling’s 38 Studios video game company, a debacle that left Rhode Islanders on the hook for millions of dollars. 

Under the proposal, at least 12 of 23 grand jurors would need to agree to issue a report detailing the investigation and possible recommendations. Any individual or entity named in the report would receive an opportunity to object to the presiding justice of Superior Court or have information redacted. The report’s release would need the approval of the presiding justice.

Neronha emphasized that at least 18 other states — including New York, Pennsylvania, Washington, and Colorado — have laws that allow grand juries to issue reports.

“If we want transparency, then we need this fixed,” he said.

Rep. Carol Hagan McEntee, vice chairwoman of the committee, looked to revelations in the grand jury report released in Pennsylvania following the investigation into sexual abuse within the Catholic Church.

“It has compelling use,” McEntee, D-South Kingstown, Narragansett, said.

But the legislation received pushback from the Rhode Island Public Defender’s office, also based on a Pennsylvania grand jury report.  That report named Penn State football coach Joe Paterno in connection with the investigation into sexual abuse by his assistant coach Jerry Sandusky. It led to the destruction of Paterno’s career, assistant public defender Michael DiLauro said.

He cautioned that the legislation needed additional protections, such as the oversight of a special prosecutor and robust involvement of the courts, and that without those could be subject to abuse.

“We have to keep in mind that the grand jury is an incredibly powerful institution,” DiLauro said. 

Rep. David Place opposed the measure as “playing with trouble.” He suggested it would have a chilling effect on getting honest witness testimony.

“If there is a chance my testimony is going to get out … do I really want to put myself in that position?” Place, R-Burrillville, Glocester, said.

The legislation, backed by Neronha for the past three years, was held for further study.