I am under the impression that if you invoke your 5th amendment rights, you cannot pick and choose which questions you will answer-that if you won’t answer one, you cannot answer any. Does anyone know if that’s the case?
A witness must answer any question that does require them to incriminate themselves. In other words, there is no such thing as a blanket invocation. Do witnesses attempt to avoid answering all questions? Sure, but competent counsel will continue to ask specific questions, and the witness will be called upon to invoke as to each question.
The standard is whether the witness has a reasonable fear the question may lead to information which might be incriminatory. This standard is somewhat subjective, but it does not give the witness the unlimited right to avoid answering questions. If a motion to compel is filed, the court makes the determination about whether the witness must answer each question asked. Often, in high stakes criminal cases, the motion to compel is sealed and the issue in litigated in camera-which means the public/media is not allowed to attend the hearing.
Despite his public protestations to the contrary, FD has no right to require that MT be given immunity from prosecution, nor can he insist that she answer questions if those answers would incriminate her. As a criminal defense practitioner, he absolutely KNOWS he cannot make MT testify on behalf of FD once she has invoked her 5th. At least where I live, NP cannot even ask that MT invoke her 5th in front of a jury, as that invocation is deemed too prejudicial to the administration of justice.
Again, as an experienced defender, NP knows the rules, but he is choosing to ignore them. IMO MT's lawyer is never, ever going to let his client get on the stand unless she testifies for the state. She has nothing to gain and lots to lose if she lies about her culpability for this crime. Why would her lawyer ever take the risk of letting her commit perjury to protect FD???
MT has the opportunity to help herself and do the right thing. Whether she will do so remains to be seen. She must have some dirt on FD because NP is doing everything possible to influence her testimony. He clearly views her as a dangerous witness, one who has to be neutralized. His obsession with trying to keep her in line tells me everything I need to know about her involvement in this crime.
From what I have seen so far, MT's lawyer is protecting his client from NP's efforts. Still, in light of MT's past actions, one has to wonder whether she will ever be truly honest and tell LE everything she knows. It is not unheard of for witnesses in her situation to attempt to tell LE "just enough" to get a deal, but not nearly all they know. This type of half-baked cooperation can be devastating to the prosecution's case.
Every time NP makes another public pronouncement about MT, he is sending her the clear message to keep her mouth shut. Why she would ever think it is a good idea to follow his instructions is another matter. I sincerely hope that her lawyer has be able to counsel her so she understands that she needs to be thinking about herself and her daughter. If she lies to protect her paramour, she could end up spending the rest of her life in prison. She cannot truly believe FD is worth that kind of sacrifice. Those who love her should be doing everything in their power to keep those two apart and to make her understand he is her enemy.