Grand Jury?

[Tiarali]

I KNOW that the reliability of the rumours in the DRHA fb group is questionable. But Trisha did tell everyone first about a) why Jack was 'on sick leave' and b) that he was being questioned by the FBI on that Wednesday night (although there was misinformation, but anyway)

So yeah, thought I'd mention the latest alleged update, which is that Schaap's secretaries are going before a grand jury this week. I've never heard of a grand jury before, it being an American thing, but I found some information here.

IF this rumour is true, then it would look as though the FBI are seriously looking at federal charges.

[Tiarali]

Further rumours (and I think these are unlikely) are that 150 people have been subpoenaed to appear at the grand jury, and that Schaap has been in jail since Tuesday and will remain there until the grand jury is over. I'd love it if that were true, but I think it's extremely unlikely. I'm not sure what laws the FBI have to follow regarding detentions, of course.

[Phatchick]

(08-16-2012 04:30 AM)tiarali Wrote:  IF this rumour is true, then it would look as though the FBI are seriously looking at federal charges.

One can only hope. A federal staycation would be a great thing for Mr Schaap, he learn very quickly what life is like for those on the bottom of the food chain. And even hardened convicts hate people who abuse kids.

[Dude]

(08-16-2012 09:49 PM)tiarali Wrote:  Further rumours (and I think these are unlikely) are that 150 people have been subpoenaed to appear at the grand jury, and that Schaap has been in jail since Tuesday and will remain there until the grand jury is over. I'd love it if that were true, but I think it's extremely unlikely. I'm not sure what laws the FBI have to follow regarding detentions, of course.

It is entirely possible that they are using a grand jury. I would be shocked if they had 150 witnesses lined up at this point. Federal law enforcement *never* moves that fast (and for good reason, don't misread what I've written as an insult to them). More than likely, they have a few people lined up.

The other possibility is that a state grand jury is working the case and the Feds, if they are truly interested in the case, will co-opt the results. That is a far, far more common occurence.

It is very unlikely that Schaap or anyone who could be charged has been subpoenaed. This is because their testimony and anything that results from their testimony is inadmissable in a trial, because the Grand Jury is considered a "compelled" statement and this violates the Fifth Amendment if it is used against them. Typically if a "suspect" has been called before a grand jury, an immunity agreement has been worked out (either a plea agreement for an actual charge or a true pass on any prosecution).

If Schaap has been subpoenaed and the rumors of what happened are true, that would mean that they are using Schaap to go after the secretary as the true villain in this. I don't see that as being the case, so doubt the veracity of that. More likely the secretary has been called in to testify and will get a pass in exchange.

I doubt that Schaap is in jail. Generally, that would mean that he refused to testify in front of the grand jury and, for the reasons above, I would be surprised if he was subpoenaed. The exception is if they declared Schaap a material witness with a likelihood to not respond to the subpoena. But you're not supposed to use the material witness laws to bring an actual suspect to the grand jury.

I think it's a bad rumor.

[Tiarali]

I haven't heard anywhere that Schaap had been subpoenaed, just that his secretaries and others have been.

I don't think he could possibly be in jail. I was wondering if there are any laws that could allow them to detain someone if they believed him to be a flight risk. But you're right, I don't think that one is correct. I suspect there is a grand jury going on, though.

Another rumour at the moment is that Schaap is denying the allegations. But nobody knows which specific allegations he has been questioned about, so that's not much help

[myotch]

If Schaap were in jail, that would mean they have the charges ready to arrest him. Usually, a Grand Jury convenes to investigate whether charges should be filed, and which charges to hit him with.

Now, here's something. Did Schaap break Maine laws in his amorous contact with the 17 year old there? Did he obviously breach federal law in bringing her along?

[Scorpio]

(08-16-2012 09:55 PM)Phatchick Wrote:  A federal staycation would be a great thing for Mr Schaap, he learn very quickly what life is like for those on the bottom of the food chain. And even hardened convicts hate people who abuse kids.

If he ends up in the big house, the food chain is not the only thing he will be on the bottom of.

[Away-From-The-Umbrella]

Oh, how I wish there was a more reliable source of information about the case against Jack Schaap! This waiting thing really sucks.

I am so tired of these IFBx perv covering up and getting away with their crimes! It is my prayer that the FBI investigation outs other pervs operating at First Baptist Church Hammond and Hyles-Anderson College and even other churches and colleges in this not-a-network.

[DestinyIsJoy]

Hmm, jail would be nice for a change. Here's to hoping and that has been added to my bedtime prayers.

[Tiarali]

Apparently, Eddie Lapina confirmed the grand jury, and said that Scaap will be indicted in the next couple of days.