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IN RE GRAND JURY SUBPOENAS

June 22, 1978

In the Matter of GRAND JURY SUBPOENAS DATED APRIL 19, 1978


The opinion of the court was delivered by: COSTANTINO

MEMORANDUM AND ORDER

 COSTANTINO, District Judge.

 This is a motion brought by Gail Benson and S. Allen Early ("the movants"), attorneys from Detroit, Michigan, to quash, on the grounds of attorney-client privilege, subpoenas directing them to give testimony before a grand jury in this district.

 On November 18, 1977, Gloria Roe, Sandra Jones and Harold Morton were arrested for the unlawful importation of heroin into the United States. Roe and Jones were subsequently indicted and the complaint against Morton was dismissed on the government's motion. On December 5, 1977, Gail Benson, one of the movants herein, filed a notice of appearance on behalf of both Roe and Jones, and listed a local attorney as co-counsel. On that same day Roe and Jones were released on bail. Roe returned to Detroit and Jones went to California, where she was found shot to death in execution style on December 11, 1977. Ms. Benson was informed by the government of Jones' death and an offer of protection was extended to Ms. Roe.

 On February 22, 1978, following a suppression hearing, Ms. Roe pled guilty to all counts of the indictment. She was subsequently summoned before the grand jury where she asserted her Fifth Amendment privilege against self-incrimination. She was then ordered to testify under a grant of immunity. Ms. Benson returned to Detroit immediately following the grand jury proceeding, having first given the government permission to speak to Ms. Roe about protective custody without Ms. Benson being present.

 Ms. Roe stated that she desired protection for herself and her family, and that she wished to cooperate with the government. She also stated that she had not retained Ms. Benson to represent her and did not know who had retained Ms. Benson. Ms. Roe stated further that she had asked Ms. Benson who had retained her and Ms. Benson said she did not know. Ms. Roe has been in protective custody since February 22, 1978. Ms. Benson has apparently stated to Assistant United States Attorney Rhonda Fields that she did not know who had retained her firm to represent Ms. Roe, but that there was no possibility of a conflict of interest in such representation. On April 13, 1978 Ms. Benson filed a motion to be relieved as counsel for Ms. Roe, and on May 12, 1978, the date on which Ms. Benson and Mr. Early, another member of her firm, were to appear before the grand jury, the instant motion to quash was made.

 The questions that the government wishes to ask Ms. Benson and Mr. Early are as follows:

 (1) Who retained Ms. Benson and Mr. Early to represent Gloria Roe?

 
(a) the identity of that person and his address;
 
(b) if the identity is not known, how was payment made and from whom?

 (2) Did Harold Morton or anyone associated with him have anything to do with the retainer? (3) Did anyone outside the law firm have any input into the decision to return Sandra Jones to Detroit following her release on bail from this district, and if so, who?

 (4) Was Harold Morton represented by the firm?

 
(a) If not, was he at the firm's office before the release ...

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