Kiewel v. United States

St. Paul, Minnesota criminal defense lawyers represented Defendant who was held in contempt for refusing to answer questions propounded to him by a grand jury,





The Court's order permitted Kiewel to purge himself of contempt by appearing before the grand jury on September 19, 1952. He appeared before that body on that day and presented to the jury a statement theretofore prepared by his counsel claiming his constitutional right to decline to answer any questions which might be asked him on the ground that he was being investigated as a prospective defendant and not as a witness and that any answers he might make might tend to incriminate him. He was asked a number of questions concerning the books and records of the brewery, which had been furnished the jury theretofore, and particularly concerning Ledger Account No. 9088. All of the questions related to periods of time prior to June 30, 1949, the latter date being the date of the last entry appearing in Account No. 9088. The general nature of the inquiry was to whom disbursements from that account were made and for what purpose. All of these questions Kiewel refused to answer. He was excused, the grand jury made its final report and was discharged September 25, 1952.1...





For present purposes Respondent places himself in the category of an accused person being required to testify before a grand jury investigating his conduct preparatory to filing criminal charges against him. Because, if he is in that category, it has been said that he may not be required to testify at all. Raffel v. United States, 271 U.S. 494, 46 S.Ct. 566, 70 L. Ed. 1054; Marcello v. United States, 5 Cir., 196 F.2d 437.







While the witness must have reasonable cause to apprehend danger of incrimination, Mason v. United States, 244 U.S. 362, 37 S.Ct. 621, 61 L.Ed. 1198; Hoffman v. United States, 341 U.S. 479, 71 S.Ct. 814, 818, 95 L.Ed. 1118, which question is for the court to determine and not the witness, Hoffman v. United States, supra, Rogers v. United States, supra, yet when the inquiry is found to be pregnant with danger, great latitude must be afforded the witness in determining what questions it may be dangerous for him to answer. Mason v. United States, supra. And in order to demonstrate to the court reasonable cause for danger to the witness, he need not show that the answers would incriminate him, because if such showing was required, in making proof of it he would be required to disclose the very facts which the privilege permitted him to conceal. Hoffman v. United States, supra. He need only show such circumstances as will indicate to the court "that a responsive answer to the question or an explanation of why it cannot be answered might be dangerous because injurious disclosure could result." Hoffman v. United States, supra.

In view of the conclusions stated, the remaining, questions become uniportant. The order is reversed and Respondent's present conviction is set aside.