Section 5.34 Right of Witness to Transcript of Own Grand Jury Testimony

• Library: Criminal Practice 2012 Supp

b. (§5.34) Refusal to Answer After Grant of Immunity

It has been held that, absent the valid assertion of a privilege, the grand jury has the right to every person’s testimony. United States v. Mandujano, 425 U.S. 564, 580 (1976); United States v. Wong, 431 U.S. 174 (1977). A witness who has been granted statutory use immunity must answer the questions of the grand jury or face contempt proceedings. Kastigar v. United States, 406 U.S. 441, 462 (1972); 18 U.S.C. §§ 6002 and 6003. When use immunity is granted, the immunized testimony and any evidence derived from it may not be used against the witness in a subsequent criminal proceeding except in a prosecution for perjury. United States v. Apfelbaum, 445 U.S. 115, 130 (1980). Truthful testimony given under a grant of immunity cannot be used to show that the witness committed perjury on previous occasions. United States v. Berardelli, 565 F.2d 24, 28 (2^nd Cir. 1977). If a witness continues to refuse to testify after being granted immunity, the district judge may direct that the witness be incarcerated for civil contempt and be confined until that witness is purged of the contempt by complying with the court’s order or until the...