Received 07/10/2018 Supreme Court Western District Filed 07/10/2018 Supreme Court Western District IN THE SUPREME COURT OF PENNSYLVANIA IN RE: FORTIETH STATEWIDE INVESTIGATING GRAND JURY MERITS BRIEF SETTING FORTH COMMON LEGAL ARGUMENTS OF CLERGY PETITIONERS IN OPPOSITION TO PREMATURE RELEASE OF UNREDACTED GRAND JURY REPORT NO. 1 Justin C. Danilewitz (No. 203064) Christopher R. Hall (No. 64912) Jessica L. Meller (No. 318380) John A. Marty (No. 324405) SAUL EWING ARNSTEIN & LEHR LLP 1500 Market Street Centre Square West, 38th Floor Philadelphia, PA 19102 (215) 972-7777
[email protected] Counsel to Petitioner in: And on behalf of Counsel to Petitioners in: July 10, 2018 TABLE OF CONTENTS Page STATEMENT OF JURISDICTION 1 ORDERS IN QUESTION 3 STATEMENT OF SCOPE AND STANDARD OF REVIEW 4 QUESTIONS PRESENTED 5 STATEMENT OF THE CASE 7 A. The Fortieth Statewide Investigating Grand Jury And Report 7 B. Petitioners Belatedly Learn Of The Existence Of The Report 7 C. Petitioners' Motions Challenging The Report Before The Supervisory Judge, And The Judge's Acceptance Of The Report 9 D. The OAG' s Supplemental Disclosures Reveal The Report's Clear Errors And Mischaracterizations Of Petitioners 11 E. The Supervising Judge Denies Some Petitioners' Motions For Protective Order, And A Petitioner's' Motions For Pre -Deprivation Hearings 11 SUMMARY OF ARGUMENT 13 ARGUMENT 17 I. THE SUPERVISING JUDGE FAILED TO EXERCISE THE STATUTORY DUTY TO EXAMINE THE REPORT AND RECORD TO ESTABLISH THE REPORT WAS SUPPORTED BY A PREPONDERANCE OF THE EVIDENCE 17 A. The Supervising Judge Failed To Conduct A Sufficiently Thorough Examination Of The Report And Record To Determine Whether The Report Was Supported By A "Preponderance Of The Evidence" 17 iii B.