A citizen’s bid to seek an indictment against an East Tennessee prosecutor appears to have failed.
Grand jury proceedings are secret, so it’s not clear exactly what happened Monday when Gatlinburg resident Erik Cooper squared off against 4th Judicial District Assistant District Attorney General Ron Newcomb at a meeting of the Sevier County grand jury.
Cooper and Newcomb both appeared – separately – Monday before a three-member panel of the grand jury.
That three-member panel was tasked with deciding if Cooper could present evidence against Newcomb for an unspecified crime to the full grand jury and, if so, whether Newcomb could also testify before the full panel to defend himself.
The decision by that three-member panel has not been made public. But it did not appear that the full grand jury heard any proof from either citizen or prosecutor.
So far, no one is commenting, including the team of special prosecutors tapped with overseeing Monday’s proceedings and Newcomb’s attorney, Stephen Ross Johnson.
Cooper in August won an indictment against Newcomb’s boss, 4th Judicial District Attorney General James “Jimmy” Dunn, and fellow prosecutor William “Brownie” Marsh.
He quickly vowed to go after Newcomb at the Sept. 28 grand jury. But Special Judge Don R. Ash ruled that Cooper could not rehash allegations he’s already made against Newcomb and must present evidence of some new criminal conduct.
The grand jury was advised of Ash’s ruling.
Cooper has issued various statements since securing the indictment against Dunn and Marsh but has not specified what crime he alleges Newcomb has committed.
Court filings show he presented some type of evidence against Newcomb when he appeared before the grand jury in August, but only Dunn and Marsh were indicted. Ash specifically barred him from presenting that same evidence at Monday’s grand jury proceedings.
Dunn and Marsh are accused of having Cooper arrested – prematurely and using an unsigned warrant – in May 2023 to block Cooper from testifying before the Sevier County grand jury.
Two months earlier, Newcomb insisted Cooper sign away his constitutional rights as a precursor to appearing before the grand jury. Cooper refused and was denied an audience with the grand jury, court records show.
Now-retired 4th Judicial District Circuit Court Judge Rex Henry Ogle later ruled Newcomb could not force Cooper – or any other citizen – to sign away constitutional rights to exercise the right to petition a grand jury.
Grand jury access and control at stake
All of this legal drama playing out in the judicial system in Sevier, Jefferson, Grainger and Cocke Counties has implications for citizens across the state.
It is putting to the test the contours of a citizen’s right under Tennessee law to present evidence of wrongdoing to a grand jury and raising questions about prosecutorial influence over citizen grand juries.
Grand juries are supposed to be independent fact finders tasked with determining if probable cause exists to support a criminal charge. Prosecutors are supposed to work at the direction of the grand jury.
In practice, though, prosecutors wield influence in the grand jury process, including deciding what witnesses will appear, directing their testimony and recommending what charges should be filed.
Dunn is accused in both the Cooper indictment and an ouster suit of exercising improper control over grand juries in his district, especially as it relates to citizens.
Records show citizens in the district have been required to climb hurdles not authorized in state law to get an audience before a grand jury, including showing their evidence beforehand.
Court records also suggest Dunn’s office has been asserting authority to determine if a citizen can petition to testify and scheduling those appearances.
Judge Ogle in his 2023 ruling told Newcomb that Dunn’s office had no right to control the grand jury process or block citizens from petitioning to testify under Tennessee law.
Jamie Satterfield is an investigative journalist covering crime, courts, and the stories behind the headlines. Jamie Satterfield: Digging deeper. Finding the story behind the story every week. Read more from Jamie and follow her work on Substack.
