DA fights release of grand jury transcript

March 03--While acknowledging sexual abuse allegations lodged by four former Lackawanna County inmates is a matter of public concern, a judge expressed doubt that he could release information from a grand jury investigation that led to charges against a prison guard.

Senior Judge Carmen Minora said there was "some logic" to issues attorney Matthew Comerford raised in his petition seeking the transcript of the grand jury probe of former guard Joseph Black. He said he believes his "hands are tied," however, because the grand jury secrecy act bars the release of information to anyone other than law enforcement.

Comerford filed a motion in December seeking to compel the Lackawanna County District Attorney's office to release the transcript. He contends the information is important to support a federal lawsuit he filed on behalf of four inmates who allege they were sexually abused by several guards.

At a hearing before Minora on Thursday, Nicholas Kravitz, attorney for the district attorney's office, said appellate courts have made it "resoundingly" clear that grand jury information cannot be released to parties involved in private, civil litigation.

"There is zero authority for this court . . . to grant that relief," Kravitz said.

The grand jury probe of abuse allegations led authorities to charge Black in 2014 with multiple counts, including rape. He pleaded guilty in 2015 to indecent assault and several other offenses for sexually abusing five women, including one of the four women Comerford represents in the civil suit.

Comerford contends other guards were also investigated as part of that probe. He believes the grand jury transcript will support his claim prison officials knew about the abuse, but did nothing to stop it.

By law, evidence presented to a grand jury is confidential. The rule is designed, among other things, to protect the reputations of people who are investigated, but not charged.

Comerford acknowledged prior courts have ruled grand jury information cannot be released to people involved in a civil suit. He maintains the grand jury law gives judges discretion to decide if there are exceptions.

Minora took the matter under consideration and will issue a ruling at a later date.

Contact the writer:

tbesecker@timesshamrock.com, @tmbeseckerTT on Twitter

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