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Cuyahoga County court to review grand jury process

Administrative and Presiding Judge John J. Russo, who has created the Grand Jury Review Committee, appointed Judges Steven E. Gall and Michael J. Russo to lead it, according to the press release.

CLEVELAND -- Cuyahoga County Common Pleas Court is planning a comprehensive review of the local grand jury process, according to a Thursday morning statement from Cuyahoga County Common Pleas Court.

That's according to Administrative and Presiding Judge John J. Russo, who has created a Grand Jury Review Committee. He appointed Judges Steven E. Gall and Michael J. Russo to lead it, according to the statement.

In the statement, Russo is quoted as saying "The purpose of the committee is to look at the grand jury process and determine if there are potential ways to make it more efficient," says Judge John J. Russo.

"This will include a review of the local rules that are used to guide the three grand juries as they hear evidence."

"Even though the grand jury process has made headlines recently, this review is something I have been considering since I first became Administrative Judge in 2014," says Judge Russo. "It should not be interpreted as anything more than making sure the system works as smoothly and efficiently as possible. We have similar committees looking at most aspects of the Court's operation."

Russo was referring to the grand jury that heard the information regarding the shooting of Tamir Rice involving Cleveland police officers Timothy Loehmann and Frank Garmback.

The statement also supplied some background information on grand juries.

Each grand jury is made up of 14 citizens who are selected from a random public draw. In Cuyahoga County, there are three separate panels that meet twice a week for four months on different days. Each grand jury is assigned to a judge from the Common Pleas Court on a rotating basis. The judge can appoint a foreperson of his or her choosing, or select a foreperson from the citizens summoned in the random draw. Once the grand jury is seated, the judge's role is to answer legal questions that may arise. They are not part of the day-to-day process.

The Cuyahoga County Prosecutor’s Office determines the cases that are presented, along with the necessary witnesses and evidence, according to the release The prosecutor also instructs them on issues of law, admissibility and weight of evidence and proper procedure.

In the Tamir Rice case, that was Cuyahoga County Prosecutor Tim McGinty.

The statement also further explains the process. After the prosecutor presents evidence, the grand jury decides if there is probable cause to believe that a crime has been committed. The grand jury members then decide if there is enough evidence to indict the case and move it forward. Defense attorneys are not part of the grand jury process.

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