In re Grand Jury of Douglas Co. re Zachary Bearheels

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In re Grand Jury of Douglas Co. re Zachary Bearheels

Case Number
S-18-0328
Call Date
December 5, 2018
Court Number
Douglas
Case Location
Lincoln
Case Summary

S-18-0328 In re Grand Jury Proceedings of Douglas County re Zachary Bearheels
Douglas County District Court, Judge Duane C. Dougherty
Attorneys: Corey M. O’Brien, Mariah Haffield (Senior Certified Law Clerk) (Attorney General’s Office) (Appellant) --- Michael C. Cox, Daniel J. Fischer (Koley Jessen P.C., L.L.O.) (Appellees)
Civil: Special proceeding; Grand jury
Proceedings Below: This case arose when Zachary Bearheels died while in police custody and a grand jury was impaneled to investigate his death. The grand jury returned indictments against two officers. The trial court entered an order directing that the grand jury transcripts and exhibits be filed with the clerk’s office and made available for public review. A hearing was held on Appellant’s motion to alter or amend the trial courts order directing release of the grand jury transcript and exhibits for public review and Appellees motion to make the records available for public review. The trial court found that Neb. Rev. Stat. § 29-1407.01(2)(b) required the trial court to make the grand jury transcript and exhibits available for public review.
Issues: Whether the trial court 1) erred in finding Neb. Rev. Stat. § 29-1407.01(2)(b) to be unambiguous; 2) failed to consider that Neb. Rev. Stat. 29-1406(g)(ii), as a specific statute, governs Neb. Rev. Stat. 29-1407.01(2)(b), a general statute; and 3) whether the trial court’s construction of Neb. Rev. Stat. 29-1407.01(2)(b) creates an absurd result.