Tom C. Clark

“ United States
Argued: April 28, 29, 1959. --- Decided: June 22, 1959
Petitioners stand convicted on a single-count indictment charging a conspiracy under § 1 of the Sherman Act, 15 U.S.C.A. § 1. They contend that the trial judge erred in refusing to permit them to inspect the grand jury minutes covering the testimony before that body of a key government witness at the trial. The Court of Appeals affirmed the convictions, 260 F.2d 397. ”

“ The burden, however, is on the defense to show that 'a particularized need' exists for the minutes which outweighs the policy of secrecy. We have no such showing here. As we read the record the petitioners failed to show any need whatever for the testimony of the witness Jonas. They contended only that they had a 'right' to the transcript because it dealt with subject matter generally covered at the trial. Petitioners indicate that the trial judge required a showing of contradiction between Jonas' trial and grand jury testimony. ”

“ The Court of Appeals apparently was of the view that even if the ria l judge had been requested to examine the transcript he would not have been absolutely required to do so. It is contended here that the Court of Appeals for the Second Circuit has reached a contrary conclusion. ”