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State gag rule on grand jury testimony makes it a crime to 'utter truth,' federal lawsuit says
By Karen AbbottDenver Rocky Mountain News Staff Writer
The former housekeeper for JonBenet Ramsey's family filed a federal lawsuit Thursday seeking permission to use her secret grand jury testimony in a book. The lawsuit contends a state secrecy rule violates the First Amendment to the U.S. Constitution, which guarantees freedom of speech. Linda Hoffmann-Pugh of Platteville filed the lawsuit against Boulder District Attorney Alex Hunter. Neither Hunter nor anyone on his staff was available to comment Thursday. Hoffmann-Pugh testified last year before a Boulder County grand investigating the death of 6-year-old JonBenet, a child beauty queen and daughter of John and Patsy Ramsey. The grand jury returned no indictments, nor did it issue any report on its work. Hoffmann-Pugh was required to take a secrecy oath before the grand jury, promising to keep her testimony secret until an indictment was returned and made public or the grand jury issued a report. The oath is required under a state rule about procedures in criminal cases. Hoffmann-Pugh's lawsuit said the rule is too broad because it has no exceptions allowing grand jury witnesses to discuss their testimony in cases where grand juries take no action. "Presumably, the witness is still bound by their secrecy oath, in perpetuity, to silence," the lawsuit said. Hoffmann-Pugh is afraid Hunter will prosecute her if she uses her testimony in her book, her lawsuit said. "Linda Hoffmann-Pugh intends to write and publish an account of her story as a housekeeper who worked for a family whose daughter was murdered," her lawsuit said. "Part of her story will include her appearance before the Boulder grand jury ... and it will recount her testimony before the grand jury investigating the death of her employers' daughter." The lawsuit said the U.S. Supreme Court, in a 1990 case, ruled against such permanent state secrecy rules covering grand jury testimony. Such a rule "provides criminal penalties for all forms of disclosure ... thereby making it a crime to utter the truth," the lawsuit said. "These penalties chill the right to speak, causing persons like Linda Hoffmann-Pugh who would otherwise exercise that right to curtail or refrain from such speech," it said. The lawsuit asks a federal judge to declare the Colorado secrecy rule unconstitutional. It also asks that a judge order Hunter not to prosecute Hoffmann-Pugh for breaking the rule and to turn over a transcript of her grand jury testimony. Contact Karen Abbott at (303) 892-5188 or abbottk@RockyMountainNews.com. August 11, 2000
The former housekeeper for JonBenet Ramsey's family filed a federal lawsuit Thursday seeking permission to use her secret grand jury testimony in a book.
The lawsuit contends a state secrecy rule violates the First Amendment to the U.S. Constitution, which guarantees freedom of speech.
Linda Hoffmann-Pugh of Platteville filed the lawsuit against Boulder District Attorney Alex Hunter. Neither Hunter nor anyone on his staff was available to comment Thursday.
Hoffmann-Pugh testified last year before a Boulder County grand investigating the death of 6-year-old JonBenet, a child beauty queen and daughter of John and Patsy Ramsey. The grand jury returned no indictments, nor did it issue any report on its work.
Hoffmann-Pugh was required to take a secrecy oath before the grand jury, promising to keep her testimony secret until an indictment was returned and made public or the grand jury issued a report.
The oath is required under a state rule about procedures in criminal cases. Hoffmann-Pugh's lawsuit said the rule is too broad because it has no exceptions allowing grand jury witnesses to discuss their testimony in cases where grand juries take no action.
"Presumably, the witness is still bound by their secrecy oath, in perpetuity, to silence," the lawsuit said.
Hoffmann-Pugh is afraid Hunter will prosecute her if she uses her testimony in her book, her lawsuit said.
"Linda Hoffmann-Pugh intends to write and publish an account of her story as a housekeeper who worked for a family whose daughter was murdered," her lawsuit said. "Part of her story will include her appearance before the Boulder grand jury ... and it will recount her testimony before the grand jury investigating the death of her employers' daughter."
The lawsuit said the U.S. Supreme Court, in a 1990 case, ruled against such permanent state secrecy rules covering grand jury testimony.
Such a rule "provides criminal penalties for all forms of disclosure ... thereby making it a crime to utter the truth," the lawsuit said.
"These penalties chill the right to speak, causing persons like Linda Hoffmann-Pugh who would otherwise exercise that right to curtail or refrain from such speech," it said.
The lawsuit asks a federal judge to declare the Colorado secrecy rule unconstitutional. It also asks that a judge order Hunter not to prosecute Hoffmann-Pugh for breaking the rule and to turn over a transcript of her grand jury testimony.
Contact Karen Abbott at (303) 892-5188 or abbottk@RockyMountainNews.com.
August 11, 2000
