Tanya Treadway vs. Pain Relief Network: No First Amendment for Activists?

By Jeralyn, Section Crime in the News
Posted on Wed Dec 22, 2010 at 08:30:00 AM EST
Tags: Tanya Treadway, Siobhan Reynolds, Pain Relief Network (all tags)

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Radley Balko has a new article at Slate on the grand jury investigation of Siobhan Reynolds of the Pain Relief Network. Tanya Treadway is the relentless federal prosecutor pursuing her, apparently for exercising her First Amendment rights in the trial of pain doctor and his wife charged with drug trafficking. The fight started when the prosecutor sought a gag order against Ms. Reynolds, lost, and then opened a grand jury investigation and subpoenaed everything but the kitchen sink.

When Reynolds appealed the subpoena, the United States Court of Appeals for the 10th Circuit upheld it, as well as the seal on everything related to it. While we can't read the ruling, the justification for the seal is ostensibly the secrecy afforded to grand jury investigations. But that secrecy is supposed to protect the people the grand jury is investigating. In this case, the person being investigated wants it made public. Reynolds feels the subpoena is harassment and wants to shed some light on it. Treadway and the courts are hammering Reynolds with the very secrecy that is supposed to protect her. [More...]

Under federal law, witnesses may talk about their grand jury testimony. The non-disclosure rules apply to the grand jurors, stenographers, interpreters, prosecutors and law enforcement. The ABA on the purpose of grand jury secrecy:

Rule 6(e) of the Federal Rules of Criminal Procedure provide that the prosecutor, grand jurors, and the grand jury stenographer are prohibited from disclosing what happened before the grand jury, unless ordered to do so in a judicial proceeding. Secrecy was originally designed to protect the grand jurors from improper pressures. The modern justifications are to prevent the escape of people whose indictment may be contemplated, to ensure that the grand jury is free to deliberate without outside pressure, to prevent subornation of perjury or witness tampering prior to a subsequent trial, to encourage people with information about a crime to speak freely, and to protect the innocent accused from disclosure of the fact that he or she was under investigation.

The Supreme Court has denied cert in Reynolds' case which means she must