‘Distressed’ Goetz Refuses to Testify Before Grand Jury

Surrounded by a crush of reporters, Bernhard H. Goetz appeared at the Manhattan district attorney’s office Tuesday, but refused to testify before a grand jury investigating his shooting of four youths in a subway car last December.

Goetz’s trip to the courthouse had been billed by his lawyers as his chance to tell the grand jury his version of the subway shootings. But, at the last minute, he refused to sign a waiver of immunity required by prosecutors, setting the stage for the jurors to vote on his indictment as early as today.

The events at the courthouse appeared to be another round in a heated legal and public relations battle. Almost immediately after Goetz was spirited away in a limousine from a stampede of journalists that left broken cameras and bruised shins, both sides took their case to the news media.

Goetz ‘Speechless’

Barry Slotnick, one of Goetz’s lawyers, told reporters that his client had been ready to testify and was disappointed. “It was very painful for him. He was very, very distressed. He was speechless,” Slotnick said.

Slotnick released a letter from Goetz to the grand jury foreman, asking the jurors to accept his terms for appearing.

“I beg of you to allow me to come into the grand jury room so that you will hear the whole truth about the horrors that I faced at the hands of other of your witnesses who have received the benefit of full immunity,” the letter said.

Dist. Atty. Robert M. Morgenthau countered with a statement saying: “The grand jury is entitled to ask questions about any relevant bad acts, crimes, actions or statements occurring on days other than the date of an alleged crime which could shed light on a defendant’s actions, intent, motive or credibility. Goetz’s attorney wished to limit the grand jury’s right to fully explore those areas. We could not accede to this demand, which would unreasonably and unfairly limit the grand jury’s inquiry.”

Not Surprised

Prosecutors said they were not surprised that Goetz refused to testify. They asserted that his lawyers prefer to try to influence jurors through newspaper, radio and television interviews with their client.

Goetz has granted a number of interviews, and the videotape of his statements to police in Concord, N.H., where he surrendered in December, was offered to at least one local New York City television station.

His story drew fresh national attention after it was the subject of an hourlong news program on the ABC television network. During the show, TV newsman Geraldo Rivera, holding a pistol, reenacted the Goetz shooting in a subway car with actors. Goetz cooperated with the production of the program.

On Tuesday, Goetz’s lawyers formally requested that testimony by the 37-year-old electronics engineer be limited to certain aspects of his case. The lawyers charged that the prosecutors were trying to “stack other charges” against their client, including questioning him about purchases of firearms in Florida.

Standard Waiver

When Goetz arrived, under extremely heavy police guard, at the district attorney’s office, he was given the standard waiver required of grand jury witnesses who are not granted immunity in return for their cooperation.

If he had signed the form, any portion of his testimony could have been used against him during a trial.

On Jan. 25, a grand jury indicted Goetz for illegal weapons possession, but found he had acted in self-defense. It refused to charge him with attempted murder or assault.

But, claiming “substantial new evidence,” Morgenthau received permission this month to convene a second grand jury in an attempt to indict Goetz for attempted murder. Two of Goetz’s victims, James Ramseur and Troy Canty, both 19, who were not given immunity the first time, appeared before the new panel. In addition, a new witness--a subway rider--testified that the encounter with the four youths Goetz shot was not as threatening as the gunman had portrayed it.