State v. Gray

Summary

The court held that a charged defendant who voluntarily testifies before a grand jury under the statutory procedure has a state constitutional right to have counsel present during the testimony. Although the statute and its legislative history do not create a statutory right to counsel in the grand-jury room, counsel's presence is constitutionally required because the defendant's sworn, recorded testimony may be used at trial and may expose the defense to prejudice. The right is limited to consultation and advice; counsel may not examine witnesses or make formal evidentiary objections.