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  1. #1
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    Default Witness Tampering and Obstructing Justice

    What are the repercussions of witness tampering, aiding and abetting & Obstructing Justice for attorneys, others?
    Inter/intrastate differences?
    What can victims of witness tampering or obstructing justice do to protect themselves until they are called to testify?

  2. #2
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    Default Re: Witness Tampering & Obstructing Justice

    Q: What can victims of witness tampering or obstructing justice do to protect themselves until they are called to testify?

    A: Hide; don't use a telephone or anything hooked to a telephone line; ask for police protection; move; etc.

  3. #3
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    Default Re: Witness Tampering & Obstructing Justice

    Quote Quoting seniorjudge
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    Q: What can victims of witness tampering or obstructing justice do to protect themselves until they are called to testify?

    A: Hide; don't use a telephone or anything hooked to a telephone line; ask for police protection; move; etc.
    Although your answer is humorous, I was looking for a serious discussion of this topic. I sould think that you off all people whould be able to shed some light on this subject as it must arise from time to time in both civil and criminal matters.

  4. #4
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    Default Re: Witness Tampering & Obstructing Justice

    Quote Quoting rmet4nzkx
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    What are the repercussions of witness tampering, aiding and abetting & Obstructing Justice for attorneys, others?
    Inter/intrastate differences?
    What can victims of witness tampering or obstructing justice do to protect themselves until they are called to testify?
    Very intriguing. Especially since there was a lawyer being investigated for witness tampering in the Zacarias Moussaoui death penalty proceeding! There's a blog that speaks to this subject: http://lawprofessors.typepad.com/whi...torney_is.html

    • Is yours the same case?
    • Who is the witness?
    • Who is the attorney representing?
    • Civil or criminal proceeding?
    • Is the FBI involved?
    • What state?


    I know that it happened to me once in a case involving a major entertainment figure. I was due in court in just 5 hours. I just called the judge and told him that I feared for my life. He ordered me to appear but made sure that I had sheriff deputies with me at all times. They even escorted me to the stand and stood around me until I finished testifying (a special proceeding was first called to investigate the witness tampering allegation). It was kinda scary but I got through it.

  5. #5
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    Default Re: Witness Tampering and Obstructing Justice

    In other circumstances I might suggest taking the asides to banter, but they seem to be quite personal in nature so instead I suggest taking them to email.

    This isn't aimed at any particular individual - but this thread had gone out of control. (You can't see how many posts have been removed, or whose - let's just say "lots".) The subject is pretty simply - witness tampering. Let's stick to it.

  6. #6
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    Default Re: Witness Tampering and Obstructing Justice

    There are potentially huge differences between a civil and criminal case. In a criminal case, the police and prosecutor can act swiftly against a defendant (or a defense lawyer) who has acted inappropriately toward a witness. In a civil case it's normally a matter for the parties to try to prove - on their own time and at their own expense - so it's not necessarily easy to prove. And in a civil case, a claim of witness intimidation is less likely to be followed up with criminal charges.

    I note, for example, that even though the judge in tinykim's case took the allegation seriously enough to provide considerable security, she does not indicate that anybody was ultimately charged or sanctioned.

  7. #7
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    Default Re: Witness Tampering and Obstructing Justice

    Quote Quoting Mr. Knowitall
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    There are potentially huge differences between a civil and criminal case. In a criminal case, the police and prosecutor can act swiftly against a defendant (or a defense lawyer) who has acted inappropriately toward a witness. In a civil case it's normally a matter for the parties to try to prove - on their own time and at their own expense - so it's not necessarily easy to prove. And in a civil case, a claim of witness intimidation is less likely to be followed up with criminal charges.

    I note, for example, that even though the judge in tinykim's case took the allegation seriously enough to provide considerable security, she does not indicate that anybody was ultimately charged or sanctioned.
    I'm trying to remember.....I know that the judge continued the original trial in order to have an emergency hearing into my allegations. I think he ultimately decided that I was intimidated and he fined two of the 10 defendants (the "Deep Pockets" in a civil sexual assault case - I was a witness for the Plaintiff). Then, with the deputies still by my side, the original case was resumed. A ruckus broke out in the courtroom when one of the Defendant's brothers threatened my husband, who was seated in the courtroom. This had been a pattern throughout the month-long trial. My husband was moved to the front of the courtroom and assigned a guard (more for the protection of the brother cuz my ex wasn't no punk!!). The brother was charged with contempt and arrested on the spot. The trial resumed with me getting the "evil eye" from several of the D's wannabee henchmen throughout my testimony, then I and my husband were rushed from the courtroom surrounded by deputies, taken to the garage via a non-public elevator, placed in an unmarked police vehicle, and taken to the airport, where we boarded a plane at the very last minute for our flight back to Burbank.

    There's much more to this drama but I don't want to open myself to further "witness tampering" on this thread. (I hope you get this info before it disappears!! )

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