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State v. Lampl

The superior court erred in dismissing a perjury charge against the defendant and in suppressing his testimony before a special purpose grand jury as sanctions to remedy the overbreadth of the special purpose grand jury's investigation of public corruption and crimes allegedly committed by elected county officials.

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We granted the State’s petition for a writ of certiorari in this criminal case to determine whether the Court of Appeals properly affirmed the superior court’s order dismissing a particular count of the indictment and suppressing statements made by the defendant, Appellee John James Lampl, before a special purpose grand jury. While we agree with the superior court’s conclusion that the special purpose grand jury exceeded the scope of its authority in its investigation, we hold that the relief granted was improper. We therefore reverse.

In March 2011, the Chief Judge of the Clayton Judicial Circuit, at the request of the Clayton County District Attorney, issued an order pursuant to OCGA § 15-12-100 authorizing the impaneling of a special purpose grand jury to investigate certain alleged public corruption. The special purpose grand jury issued subpoenas to various witnesses, including Lampl, who testified before it in June 2011. In July 2011, the special purpose grand jury returned a 16-count bill of indictment against Lampl on charges of conspiracy in restraint of free and open competition, false statements and writings, and perjury. The indictment was subsequently nolle prossed in the aftermath of the Court of Appeals’ holding in Kenerly v. State, 311 Ga. App. 190 715 SE2d 688 2011, that the authority of a special purpose grand jury is limited to conducting investigations and does not include the power to issue indictments.

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