The February session of the Jackson County Grand Jury will convene this morning (Tuesday) at the county courthouse to decide whether or not to issue indictments against several individuals charged recently in county courts. 

The Grand Jury is required by law to meet three times a year, typically in February, June and October at the beginning of the regular terms of court.  According to Rule 6 of the West Virginia Rules of Criminal Procedure, a Grand Jury consists of 16 individuals, with a requirement of 15 to be in attendance at all times to maintain a quorum. 

Grand Jury sessions are held under a general rule of secrecy.  Only attorneys for the state, their witnesses, and a stenographer are allowed to be present during the Grand Jury session. 

However, only Grand Jury members are allowed to be in the room during deliberations on an indictment.  12 members must agree on whether or not to indict for a particular crime. 

Jurors are given a book of statues for all the crimes they may be presented with.  If jurors have any questions on the law, they direct those to the judge; the Prosecuting Attorney is not allowed to advise the jurors on questions of the law. 

Judge Thomas C. Evans, III, is the Circuit Court Judge presiding over the Jackson County Grand Jury. 

There are two ways in which a person’s case may reach the Grand Jury.  First is if the defendant’s case has already been bound for indictment following a preliminary hearing in Magistrate Court. The second is through a direct indictment process where criminal charges have yet to be filed. 

These are most often used in sexual assault cases so that the victim does not have to testify at the preliminary hearing in Magistrate Court. 

Deciding which cases to present to the Grand Jury is based upon the sole discretion of the Prosecuting Attorney.  After a person has been arrested and their case bound over to Circuit Court following a preliminary hearing in Magistrate Court, the Prosecuting Attorney has within a year (three terms of court) to obtain an indictment. 

The main difference between Grand Jury proceedings and those of regular trial juries is the burden of proof. 

Unlike trial juries where the burden of proof for jurors is beyond a reasonable doubt, Grand Jurors only need to find if there is probable cause to sustain a charge for indictment.  Probable cause is generally defined as a reasonable belief or suspicion that person has committed a crime. 

According to sources, over 20 cases are expected to be presented for indictment this week. 
Indictments are expected to be issued sometime Wednesday afternoon or evening. 

A complete listing of Grand Jury indictments will appear in the Tuesday, March 2, edition of The Jackson Herald.