In re Dauphin County Fourth Investigating Grand Jury, 610 Pa. 296

Summary

The Supreme Court of Pennsylvania considered alleged violations of grand jury secrecy during an investigation into licensing-related conduct involving Louis A. DeNaples and Mount Airy #1, LLC. The court addressed the appointment and investigation of a special prosecutor and the authority of the Dauphin County District Attorney to investigate potential violations of Pennsylvania's Gaming Act. The matter concerned the scope of extraordinary jurisdiction and procedures for investigating alleged disclosures of protected grand jury information.

Holdings

1. The special prosecutor was not required to undertake further efforts to compel reporters to identify confidential sources because the investigation had already served a useful purpose and further inquiry was not shown to be necessary on the record presented.
2. Pennsylvania's investigating grand jury process requires firm judicial supervision and procedures designed to preserve secrecy; when colorable allegations of a breach warrant investigation, appointment of a special prosecutor is appropriate.
3. The Supreme Court Prothonotary was directed to unseal the special prosecutor's report and forward the report and the opinion to the Pennsylvania Attorney General for any action deemed appropriate; jurisdiction was relinquished.

Questions Presented

1. Whether the Supreme Court should require the special prosecutor to pursue further efforts to identify the source of alleged grand jury-secrecy violations.
2. Whether the Pennsylvania Shield Law's protection of confidential journalistic sources should yield to governmental interests in investigating alleged criminal disclosures of grand jury information.
3. What disposition was appropriate after the special prosecutor identified seriously flawed procedures that facilitated potential breaches of grand jury secrecy but could not conclusively determine the source of the leaks.

Disposition

other