United States First Circuit

District court's denial of plaintiff's motion seeking access to a transcript of his grand jury testimony is reversed where: 1) the court erred in denying plaintiff's motion for failure to provide a strong showing of a particularized need for the transcript as the less demanding requirement of particularized need applies when a grand jury witness demands access to a transcript, rather than a copy of the transcript; and 2) under the less demanding standard, plaintiff's need for access is sufficiently particularized to justify access due to the threats of perjury prosecution given by the prosecutors and the complexity of the subject matter of his testimony.

Appellate Information

• Decided 05/11/2009
• Published 05/11/2009

Judges

• TORRUELLA, Circuit Judge., Before TORRUELLA, STAHL, and Howard, Circuit Judges.

Court

• United States First Circuit

Counsel

• For Appellant:
  
• Andrew Good, with whom Philip G. Cormier and Good & Cormier, were on brief for appellant.


• For Appellees:
  
• Mark T. Quinlivan, Assistant United States Attorney, with whom Michael J. Sullivan, United States Attorney, was on brief for appellee.