Seattle1
Well-Known Member
- Joined
- Feb 25, 2013
- Messages
- 43,910
- Reaction score
- 450,927
When GW4 argued that allowing his mother and younger brother to testify against him would violate his due process rights, defense attorney John Parker further argued his client had the right to confront any of the witnesses against him at trial and cross-examine those witnesses-- but under the plea agreement the State struck with JW, he had to follow the script.
Special prosecutor Andrew Wilson countered by saying the state's case against GW4 did not hinge on his brother's testimony.
"That's because Jake's proffer, Jake's cooperation, destroyed their defenses that they were coming up with," Wilson said. "It did not affect the state's case. What Jake's proffer did is affirm what the state already knew through its investigation."
Judge Randy Deering ultimately agreed with the prosecution and denied the defense's motion to prevent the testimony.
If the same same logic is followed here, I think the State should be able to use JW's Proffer as evidence at trial against Billy (if JW doesn't testify).
IMO, if Billy went to trial tomorrow-- and with JW still beaming over his generous sentence with an opportunity for freedom after 32 years, I don't think he'd hesitate to take the stand against Billy as agreed! But with the appeals at play -- I don't see a trial date anytime before late summer, and time for the 'new deal' to wear off....
Due Process Rights
Special prosecutor Andrew Wilson countered by saying the state's case against GW4 did not hinge on his brother's testimony.
"That's because Jake's proffer, Jake's cooperation, destroyed their defenses that they were coming up with," Wilson said. "It did not affect the state's case. What Jake's proffer did is affirm what the state already knew through its investigation."
Judge Randy Deering ultimately agreed with the prosecution and denied the defense's motion to prevent the testimony.
If the same same logic is followed here, I think the State should be able to use JW's Proffer as evidence at trial against Billy (if JW doesn't testify).
IMO, if Billy went to trial tomorrow-- and with JW still beaming over his generous sentence with an opportunity for freedom after 32 years, I don't think he'd hesitate to take the stand against Billy as agreed! But with the appeals at play -- I don't see a trial date anytime before late summer, and time for the 'new deal' to wear off....
Due Process Rights