A ruling is expected early next month on a motion to dismiss the perjury case against former Hanford City Manager Jan Reynolds.

Superior Court Judge David Allen held a hearing in his chambers Wednesday, and - contrary to a previous report - made no ruling on the motion to dismiss filed by Reynolds' legal team. Reynolds is due back in court on Feb. 2.

The motion Reynolds' legal team filed, was based on their belief that the court improperly handled grand jury reports, a key element in the case.

"It was an unusual situation because the city attorney sought to seal the grand jury transcripts, and the court, without a hearing on it, ordered the transcripts sealed," said Roger Nuttall, Reynolds' attorney.

Interim City Attorney Bob Dowd said the city did not attempt to block testimony relating to the Reynolds case.

"What we did was ask the criminal courts to limit that testimony of city council members to only the matters relevant to the criminal case involving Mr. Reynolds, and allow all other testimony given by city council members to remain confidential just as all other grand jury testimony is allowed to remain," said Dowd.

During the grand jury investigation, city council members were questioned on a host of issues that did not have any connection to Reynolds' case.

While testifying before a grand jury, only the witness is allowed in the room, although a lawyer may remain on call outside. Dowd said that since witnesses appearing before a grand jury do not have the luxury of council present to help them understand the proceedings, there is an unfair advantage.

Reynolds is accused of lying under oath to the grand jury on Feb. 13 of last year, when they investigated the circumstances surrounding a new employment contract for Reynolds, which the city signed off on in November 2005.

The former city manager, who took office in 1990, allegedly told the grand jury that during negotiations for the new employment contract, he handed copies of his original contract to four council members. However, all four council members deny ever having received the document.

The Reynolds case centers on this grand jury testimony, said Nuttall, and by the court sealing the report, neither the prosecution nor the defense is allowed to even mention much of the report.

"It's our position that the matters attendant to the preliminary hearing was mishandled," said Nuttall. "Our client's constitutional right (to defend himself) was limited."

Nuttall also said he believes the court's move to seal the records was arbitrary and unsupported in the law.

Grand jury findings indicate Reynolds was forced into retirement in June. Despite his retirement, Reynolds' 2005 contract allowed him to stay on the city payroll until August as assistant city manager to ensure a smooth transition for current City Manager Allen Christensen. In November, Reynolds officially stepped down from this post, and saying the transition was complete, giving up at least $140,000.

The District Attorney's Office is expected to file opposition papers before Reynolds' next court appearance, and the court will discuss the matter further at that time.

The reporter can be reached by 582-0471, ext. 3062.

(Jan. 5, 2007)