Witness Tampering, Always

06-13-2014 • Simple Justice

.... My habit is to tell the judge that I have none, since I have no idea what the prosecution case will be and it is thus impossible to say whether the defense will call any witnesses. While the point is accurate, it's really a matter of protection. Within an hour of my giving a name, two agents will knock on their door to explain to them the penalties and prison time they will face for testifying on behalf of the defense.

Sure, I prepare the witnesses for this certainty, as their names will eventually surface, but there is a very real difference between my telling them what will happen and the experience of guys with shields and guns threatening their family's future. They may love the defendant. They may love truth. But not always that much.

If the defense does this, it's called witness tampering. It's a crime. When the prosecution does this, it's called investigation and it's not only cool, but applauded. ....