State v. Lampl

A special purpose grand jury investigating public corruption and crimes allegedly committed by county officials and employees was not authorized to investigate a city employee or a city real estate development project.

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On September 14, 2011, a Clayton County grand jury indicted John James Lampl for the offenses of conspiracy in restraint of free and open competition Count I, false statements and writings Counts II-VII, and perjury Count VIII. The grand jury’s indictment stemmed from an earlier investigation by a Clayton County special purpose grand jury which had been impaneled pursuant to OCGA § 15-12-100 for the purpose of investigating public corruption and various crimes allegedly committed by currently or previously elected county officials and county employees. As Lampl was neither a county official nor a county employee, he moved to dismiss all counts of the indictment, contending that he was the “target” of an unlawful investigation by the special purpose grand jury and that he should not have been compelled to testify at the special purpose grand jury proceedings.

The perjury charge was based on a portion of Lampl’s testimony to the special purpose grand jury. In its ruling on the motion to dismiss, the trial court found that the special purpose grand jury was not authorized to conduct an investigation of Lampl, who was an employee of the City of Morrow, and was not authorized to investigate Lampl’s involvement with “Olde Towne Morrow,” a real estate development project for the City of Morrow. The trial court further found that the special purpose grand jury was not authorized to subpoena Lampl to testify regarding matters which exceeded the scope of its investigation. Accordingly, the trial court granted Lampl’s motion to dismiss with regard to the perjury count Count VIII of the indictment, and it also granted his motion to suppress the statements that he made to the special purpose grand jury. However, the trial court denied Lampl’s motion to dismiss with regard to the remaining counts of the indictment Counts I-VII, finding that the indictment was brought by a properly constituted grand jury which was authorized to indict Lampl for these offenses.

State v. Lampl

A special purpose grand jury investigating public corruption and crimes allegedly committed by county officials and employees was not authorized to investigate a city employee or a city real estate development project.

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