GRAND JURY PROVIDES GOOD TOOL IN DRUG CASES

The recent Cape Girardeau County grand jury clearly benefited our local court system and proved once again to be a good tool for the prosecution of some criminals, particularly drug dealers.

Employed properly, grand juries provide certain economies of scale for a county. With a grand jury, prosecutors can run a large number of cases through the court system in a relatively short period of time.

For example, Cape County's recent grand jury indicted 43 people on drug charges during its two-month tenure. Scott and Mississippi County grand juries have handed down more than 60 indictments in their first few weeks. Most of these indictments involve drug charges.

Because indictments replace preliminary hearings, these cases tend to move along quicker in the court system. In Cape County, one of the suspects has already been found guilty and sentenced; trial dates have been established in 34 other cases.

These grand juries seem to work well for specific purposes, such as intensive drug investigations. The method encourages cooperation between law enforcement agencies, and allows "closed door" testimony by informants, who might be wary to bear witness in open court.

This is useful not only in unraveling drug rings, but also in investigating malfeasance of public officials.

But when the time comes for trial, the regular rules of justice apply. "Secret" testimony is not allowed. The prosecutor's evidence must stand on its own. This protects those people indicted by the grand jury.

But the success of the recent grand juries should not spur thoughts of a permanent version.

Local officials have properly resisted the call for a standing grand jury here. Larger cities, such as St. Louis, use standing grand juries as a matter of course. But a metropolitan case load is much heavier.

A standing grand jury may allow more opportunity for abuse of its secret proceedings.

In addition, there's the concern that standing grand juries could serve as a tool for lazy prosecutors.

Preliminary hearings are not just a waste of time. They serve a good purpose by requiring the prosecution to show there's sufficient evidence to proceed with a case.

When warranted, grand juries can and should be convened for limited terms to deal with specific matters, such as drug crimes.

But as for standing grand juries, the verdict is clear. For now, there is no good reason to establish a standing grand jury. Case dismissed.