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In re Fulton County Grand Jury Proceedings

Crime-fraud exception to the attorney-client privilege allowed the presentation before a grand jury of the testimony of a private investigator who had been hired by a murder suspect's divorce attorney for purposes of investigating murder suspect's relationship with murder victim and murder suspect's wife.

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The State issued a subpoena requiring J. D., a private investigator, to appear before the Fulton County Grand Jury and produce certain evidence acquired by him during his employment in S. D.’s divorce proceeding. Although J. D. moved to quash the subpoena in reliance on the attorney-client privilege, he later took the position that the subpoena should stand. S. D. intervened in this proceeding and also filed a motion to quash. S. D. appeals the superior court’s denial of the motions to quash. He argues that the subpoenaed evidence is privileged and that the court’s refusal to allow him to engage in limited cross-examination of J. D. violated his Sixth Amendment right of confrontation. We find no error and affirm.

In September 1996, S. D.’s wife sued him for divorce. After S. D. conferred with his divorce lawyer, a decision was made to hire a private investigator. J. D.’s services were used. According to the State, J. D. was retained to investigate a suspected affair between S. D.’s wife and David Coffin. On December 7 or 8, 1996, Coffin’s residence was burglarized and his handgun was stolen. On December 10, Coffin’s house was destroyed by arson and his body was found inside. He had been killed by a gunshot wound to the head. The wound was inflicted by his stolen gun.

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