WHY THE JURY NEVER HEARS THE UNEMBELLISHED TRUTH IN CRIMINAL TRIALS IN TAMPA BAY FLORIDA

Why is it that criminal trials are often the least likely place one can expect to find unembellished truth? Walk into any courtroom and you'll hear the judge harangue defense lawyers, prosecutors and witnesses with long lists of which bits of evidence, facts and circumstances are proper to present. Much of this happens outside the hearing of those lost-looking jurors, though as the trial progresses they become all too aware of what is obvious to everyone else in the courtroom - they're not really hearing all the evidence.

Pinellas County Jury searches for Truth

Clearly it's laudable that any good judge aims to give the defendant a fair trial, while other judges seem to not so much want a fair trial for the defendant a fair playing field where the prosecution always wins. Either way a judge will cloak most evidentiary decisions with language that's based on keeping out possible prejudicial information that might inflame those innocent jurors. The quest for fairness may entail not letting defense counsel ask worrisome questions about prior police misconduct or a judge could prevent prosecutors from bringing up a defendant's prior criminal history at least until the defendant takes the stand to testify in his own defense.

But as the judge parses thru layers of testimony and evidence - allowing this, denying that - those familiar with the actual facts of a case will find that the facts presented to the jury are oddly different than what really happened. How it happens may be a mystery but it always does. The mysterious result is damaging not only to the integrity of those involved, but also to the ends of justice itself. 

In criminal cases there's always a detective or police officer who testifies. These witnesses see that the actual facts become distorted until over time their sense of absolute truth and vital honesty erodes. Unfortunately all of those tied to the criminal justice system especially judges, defense attorneys and prosecutors suffer from observing the constant failure of truth. In fact, I even fear for the bailiffs who day after day hear multiple versions of facts - all but the truth - like courtroom clocks giving false time.

SUPREME COURT GIVES ABSOLUTE IMMUNITY FOR GRAND JURY WITNESSES IN TAMPA BAY & PINELLAS

The U.S. Supreme Court in Rehberg, in a unanimous opinion, affirmed the Federal Appeals Court of the Eleventh Circuit, which has jurisdiction over Tampa Bay and Pinellas, in a decision which held that grand jury witnesses, like witnesses called to testify during trials, are entitled to absolute immunity from any law suits or civil liability under Section 1983 arising from their testimony. If a grand jury is looking into your actions it's time to contact a Clearwater Criminal Defense Attorney.

Thomas Benton, The Speaker, 1935

Absolute immunity   grand jury testimony is necessary in order to safeguard the vital function that grand juries play in modern criminal procedure, by assuring that witnesses should be able to provide candid testimony without fear of a retaliatory lawsuit, while still guarding the sacrosanct secrecy of grand jury proceedings for law enforcement and for those who testify. 

Further, absolute immunity cannot be circumvented by simply claiming that a grand jury witness was in a conspiracy to present false testimony or by using the testimony to support any other claim, because any claim that arises from testimony before a grand jury is shielded by absolute immunity. The fact that grand jury witnesses, like trial witnesses, may be subject to prosecution for perjury is a sufficient deterrent to knowingly providing false testimony. The result of this unanimous decision will be to provide very strong protection for witnesses who give testimony in all judicial proceedings even those proceedings where a Pinellas Criminal Defense Attorney is looking out for your interests.