SUSPENSION ROILS COUNTY GRAND JURY.

Byline: Patrick McGreevy Daily News Staff Writer

Los Angeles County grand jury members rallied around a Sherman Oaks man who was suspended from the panel Friday because of allegations he violated confidentiality rules.

The suspension is the first in recent years and comes as debate mounts over the grand jury's independence from the Los Angeles County District Attorney's Office.

Friday's ruling cuts short Jerry Berk's term as a grand juror, which otherwise would end June 30. A Los Angeles Superior Court judge said Friday he will consider July 22 whether Berk should be fined as much as $1,500 for trying to send a letter to county officials about a grand jury report.

Supervising Judge John H. Reid also said he will consider whether Berk has violated a gag order by discussing the allegations with the Daily News. Reid admonished Berk and said he might hold the retired attorney in contempt of court.

Collegial support

In court Friday, four grand jury members sat behind Berk and expressed concern that he is not being treated fairly.

``This grand jury is concerned whether Mr. Berk is getting due process,'' said one grand jury member, who spoke on condition of anonymity.

On Tuesday, Reid signed an order for Berk to appear in court to defend himself for ``his attempt to communicate with members of the Los Angeles County Board of Supervisors and the chief administrative officer.''

Berk's letter, which a grand jury secretary typed and was not mailed, detailed his concerns about a grand jury report that he co-wrote and felt had been misunderstood by county officials.

Berk had told the Daily News on Thursday he believes he is being threatened with removal from the grand jury as retaliation for challenging attempts by the District Attorney's Office to control the grand jury.

``There is an attempt that has been made to have the grand jury become an arm of the District Attorney's Office and to be a rubber stamp,'' Berk said Thursday. ``I have objected to that.''

It is a debate that long has raged.

Retaliation alleged

Last year, a conference in North Hollywood by the California Grand Jurors Association featured a panel titled: ``Is the grand jury a tool of the District Attorney or an independent body.''

On Thursday, Berk said his predicament is not a result of a letter that never was sent, but instead because he angered prosecutors by refusing to issue what he says were meritless indictments.

Berk also said prosecutors were upset that he challenged their practice of editing questions that grand jurors submitted to witnesses called before the grand jury. Further, he charged that county officials had ``watered down'' a critical grand jury report on foster group homes that was released in April.

``Very frankly, I'm guilty of making statements over time that led other grand jurors to ask questions about the whole process,'' he said.

Following the judge's admonition that Berk not discuss the case, the retired attorney declined Friday to be interviewed.

In court Friday, Berk told the judge he expects that his defense will include the subpoena of deputy district attorneys and John Licker and Shellie Samuels, who are respectively the grand jury's advisers for the past and coming year.

Defends actions

Asked by the judge why Samuels should be subpoenaed, Berk said: ``She can testify about animus that has developed that is the basis for this proceeding.''

Berk complained to Reid that he has not received a sufficient explanation of why he was called into court. ``I do not know at this point who my accuser is and what I'm being accused of,'' Berk said.

Berk had said Thursday that he wrote the letter to respond to inaccurate criticism by the sheriff's ombudsman of a published grand jury report that called for the Board of Supervisors to appoint ombudsmen to all county departments.

``That dealt with confidential matters dealing with the grand jury which are not open to the public,'' Reid said.

However, Berk challenged that contention and said the letter was typed by a secretary for the District Attorney's Office but was stopped from going out by Licker.

Berk asked Reid whether he had read the letter and judge said he had not.``I suggest you read that letter, which contains nothing whatsoever that is confidential,'' Berk told the judge.

Berk's charges that the District Attorney's Office has attempted to make the grand jury a ``rubber stamp'' are not the first.

Ralph Shaffer, a former Los Angeles County grand juror, served on the panel and argued that the grand jury isn't given enough independence.

``It seems to me that the deputy district attorneys treat the grand jury as though it's simply an extension of their office,'' said Shaffer, a retired history professor at California State Polytechnic University, Pomona. Shaffer served on the 1993-94 grand jury.