THE COMMONWEALTH OF VIRGINIA:

Presented to Chief Judge Dennis Smith in Courtroom 5J about 0915, 10 May a.d. 2013 Stamped Filed at Civil Intake window 2013MAY-3 AM 10:28

THE CIRCUIT COURT OF FAIRFAX COUNTY James Renwick Manship, Sr.,! ! ! ! Petitioner, In Forma Pauperis, Pro Se! ! ! ! ! ! ! ! ! v.! ! ! ! ! ! ! ! ! ! ! ! ! Commonwealth of Virginia! ! ! ! ! ! ! ! ! ! | | | | Case No. CL2013-8314 | |

MEMORANDUM OF POINTS AND AUTHORITIES FOR REGULAR GRAND JURY ACCESS BY CITIZEN WITH KNOWLEDGE OF FELONY CRIMINAL ACTIVITY BY A GOVERNMENTAL AUTHORITY, AGENCY, OR OFFICIAL Point 1. Code of Virginia, Chapter 13, Grand Jury, 19.2-191. Functions of a grand jury. states The functions of a grand jury are twofold: (1) To consider bills of indictment prepared by the attorney for the Commonwealth and to determine whether as to each such bill there is sufcient probable cause to return such indictment "a true bill." {NOTE: Here the Grand Jury is the entity of the court that determines probable cause, in other circumstances, the Judge is the entity of the court who determines probable cause; the vote of a majority of Grand Jurors is a de facto and de jure by this code section, a determination of probable cause; a minimum of 4 votes is required, so if 5 members on the Regular Grand Jury, that is 80 per cent, if 6 members, that is 67 per cent, and if the 7 member maximum on the Regular Grand Jury, that is 57 per cent.} (2) To investigate and report on any condition that involves or tends to promote criminal activity, either in the community or by any governmental authority, agency or ofcial thereof. These functions may be exercised by either a special grand jury or a regular grand jury as hereinafter provided.

NOTE:

The (2) sub-paragraph clause by any governmental authority, agency, or ofcial

thereof harkens back to the original purpose of the Grand Jury, to serve as the Shield and Sword of the Citizen, to justify the righteous (NOT a True Bill) and condemn the wicked (True Bill) in relation to accusations brought by the King or Government.
Given that Common Law tradition and the fact that the Common Law is by Code of

Virginia section 19.2-220. Contents of indictment in general. incorporated into the Code of Virginia, where the Code states: In describing the offense, the indictment or information may use the name given to the offense by the common law, or the indictment or information may state so much of the common law or statutory denition of the offense as is sufcient to advise what offense is charged. Here is stated that a Code of Virginia section number such as 19.2-220., is not a requirement for a Grand Jury to indict, but rather a Common Mans Common Law description of the crime. This code section shows that the Common Citizen, not just law enforcement professionals with the knowledge of specific code sections of the law, may present to the Grand Jury their knowledge or information about criminal activity in the community, using Common Law descriptions, the Grand Jury may report the criminal activity Point 2.
By Common Law tradition, and by recent 1991 and 1992 United States supreme

Court decisions, U.S. v Williams 504 U.S. 36 at 48 (1992) by Justice Antonin Scalia quotes from a unanimous opinion by Justice Sandra Day OConnor in the 1991 case involving criminal activity in Virginia by a company from New York, U. S. v. R Enterprises, 498 U.S. 292 (1991), the Grand Jury must operate independently of the Government, even being described by some legal scholars as the fourth branch of government, whether in Code of Virginia language, that governmental authority, agency or official, be of the Judicial, or Executive, or even the Legislative Branch.

The grand jury occupies a unique role in our criminal justice system. It is an investigatory body charged with the responsibility of determining whether or not a crime has been committed. Unlike this Court, whose jurisdiction is predicated on a specic case or controversy, the grand jury "can investigate merely on suspicion that the law is being violated, or even just because it wants assurance that it is not." United States v. Morton Salt Co., 338 U. S. 632, 338 U. S. 642-643 (1950). The function of the grand jury is to inquire into all information that might possibly bear on its investigation until it has identied an offense or has satised itself that none has occurred. As a necessary consequence of its investigatory function, the grand jury paints with a broad brush. "A grand jury investigation 'is not fully carried out until every available clue has been run down and all witnesses examined in every proper way to nd if a crime has been committed.'" Branzburg v. Hayes, 408 U. S. 665, 408 U. S. 701 (1972), quoting United States v. Stone, 429 F.2d 138, 140 (CA2 1970).
Therefore, a concerned Citizen must have the avenue to provide information directly to

the Grand Jury, every available clue has been run down without access to the Grand Jury being obstructed by approval or permission from any judge, or any prosecutor, who indeed, in rare cases, may be aiding and abetting, or even as seen in the past few years the horric cases of Pennsylvania judges, now spending time in prison for sending children to privately company operated jails where the judges hold financial interests, judges are perpetrating the criminal activity.
The best way for a Citizen to have an avenue to the Grand Jury is a simple request to the

Clerk of the Court to schedule a time before the Grand Jury. In that simple way there is removed any potential for bias by a Public Servant, whether police, attorney for the Commonwealth, or Presiding Judge. The Grand Jury will triage or evaluate the merit of the information by the vote of the Grand Jurors with majority vote in favor, minority vote in favor, or even a unanimous vote to dismiss. A minority vote in favor, by Code of Virginia, may have added a determination of Probable Cause by the Presiding Judge to impanel a Special Grand Jury. Code of Virginia does provide for penalties to be assigned for frivolous or malicious accusations, so to minimize the potential of unwise cases presented by the Common Citizen wasting the Grand Jurors time.

Point 3. The Grand Jury does not need to know the precise Code of Virginia sections, but rather may vote for a Special Grand Jury to investigate, and in its report, use Common Law descriptions , and Code of Virginia requires that the attorney for the Commonwealth is to use the Grand Jury to prepare any or all necessary Bills of Indictment. 19.2-214. Prosecutions resulting from report. Any bill of indictment for alleged criminal offenses, which may follow as a result of the report of the special grand jury, shall be prepared by the attorney for the Commonwealth for presentation to a regular grand jury. Point 4. Grand Jurors may of their own knowledge bring information to the entity of the Grand Jury, of two or more of its own body and even If only one of their number can testify as to an offense but the phrases or on the testimony of witnesses called on by the grand jury, and or sent to it by the court. show there is a provision for information from sources outside of the randomly selected Grand Jurors themselves, that a Citizen may appear as a witness, or may sent information for presentation to a regular grand jury as worded in the code section above. 19.2-202. How indictments found and presentment made. At least four of a regular grand jury must concur

in nding or making an indictment or presentment.

It may make a presentment or nd an indictment upon the information

of two or more of its own body,
or on the testimony of witnesses called on by the grand jury,
or sent to it by the court. If only one of their number can testify as to an offense, he shall be sworn as any other witness. When a presentment or indictment is so made or found,
the names of the grand jurors giving the information,
or of the witnesses, shall be written at the foot of the presentment or indictment.

Point 5. Secrecy of the Grand Jury proceedings by necessity extends to the Citizen request as to present information to a session of the Grand Jury or to send information to the Grand Jury under seal with assurance that the information provided will not be seen by any Governmental authority, agency or ofcial 19.2-192. Secrecy in grand jury proceedings. Except as otherwise provided in this chapter, every member of a regular or special grand jury shall keep secret all proceedings which occurred during sessions of the grand jury; provided, however, in a prosecution for perjury of a witness examined before a regular grand jury, a regular grand juror may be required by the court to testify as to the testimony given by such witness before the regular grand jury. (1975, c. 495.) NOTE: SECRECY ADOPTED IN 1681 By 1681, the English grand jury adopted the rule of secrecy
which allowed it to function out of the sight of the King's prosecutors or other intermeddlers. It was secrecy that provided the grand jury with its greatest power as an independent populist body, equipped with an oversight power on the government. (see CREIGHTON LAW REVIEW, Vol. 33, No. 4 1999-2000, 821.) Given that history, and the legal obligations of 19.2-191 (2) above, to

investigate and report, the Grand Jury must decide for itself what of its work it desires to remain
secret, and what to be made public, that is not to be prescribed or restricted by either a judge or prosecutor, or even by legislators.}





Respectfully submitted,

James Renwick Manship, Sr. StatesManship@me.com 703-672-1776