IN THE MATTER OF A GRAND JURY INVESTIGATION


443 Mass. 20 (2004)

IN THE MATTER OF A GRAND JURY INVESTIGATION.

Supreme Judicial Court of Massachusetts, Suffolk.

December 14, 2004.


Attorney(s) appearing for the Case

Patricia A. Downey for the father.

Carolyn A. Burbine, Assistant District Attorney, for the Commonwealth.

Present: MARSHALL, C.J., GREANEY, SPINA, COWIN, SOSMAN, & CORDY, JJ.


GREANEY, J.

In this case, we must decide whether a Superior Court judge properly denied motions to quash duces tecum summonses served on two minor children requiring them to testify against their father (father) before a grand jury. The judge stayed further grand jury proceedings to permit the children to seek relief pursuant to G. L. c. 211, § 3, and to avoid a situation in which the children would refuse to testify, thereby making them subject to contempt proceedings...

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