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  1. #1
    Join Date
    Oct 2005
    Location
    Memphis, TN
    Posts
    29

    Default To suppress a witnesses' statement

    What is the law when it comes to suppressing statements made by a witness? There is only 1 witness for the prosecution in this case (if that's what you want to call him). His statements are highly inconsistent because his story is made up. The other witness refuses to come forth and cosign with the lies. According to the defense, she is the 'key' in this case. She will not talk to the defense or the prosecution? She will not come to court and avoided investigators when they came to talk to her. Will the case be dismissed due to lack of her testimony or will they use him to 'make up' a trial?

    Your reply is appreciated

  2. #2
    Join Date
    Mar 2005
    Location
    Michigan
    Posts
    28,906

    Default Difficult Witness

    It is impossible to guess whether the prosecution can proceed without this witness. If the prosecution cannot proceed without the witness, and the witness refuses to testify, the case may well be dismissed. It may be possible to use the testimony of the witness from an earlier proceeding (e.g., a preliminary examination) or to get statements of the witness into evidence under a hearsay exception.

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