kbp wrote:
With spectators being left out of the loop on what exactly takes place in the depositions, DD taking the fifth or being uncooperative should lead to immediate motions, I assume, so we would or should find out about them if they are filed.
You have any input to share here?
My current understanding:
If DD pleads the 5th, then the State can compel her to testify by offering "use" immunity pursuant to FS 914.04. Generally, the defense can not compel the State to offer such immunity, except upon a showing of prosecutorial misconduct, which I believe has to be related to the prospective testimony of the witness. I have read a Florida case to that effect and cited such case previously at CTH.
If DD pleads the 5th and refuses to answer any substantive questions at her deposition, does that automatically preclude her from testifying at trial? Although that seems logical, I can't find anything to that effect in a brief search. Accordingly, my current belief is that the defense would file a motion to exclude DD from testifying at trial, which would force the State to make a firm decision on the immunity issue.
Even if DD did show up and testify fully at her deposition, I think that the defense may still file a motion to exclude DD from testifying at trial. Why?
1. MOM has already publicly stated that Crump's activities associated with W8 may justify excluding her testimony.
2. Subsequent to MOM's statement, ABC released on Feb 28, 2013 an audio clip which (1) documents improper coaching by Crump and (2) references substantive conversations between W8 and Tracy and Sybrina prior to the Crump interview, contrary to what Tracy and Sybrina told the cops, as reflected in the police reports.
3. BDLR improperly coached and led W8 in the April 2 interview.
4. There is substantial evidence that improper coaching/leading has resulted in false statements: (a) ice tea, (b) little brother, (c) half-time of All State basketball game, (d) W8's failure to correctly identify her anonymous Simple Mobile cell phone carrier - shows she was coached based on Tracy's T-Mobile records available to Crump, (e) changes in W8's testimony between 3/19 and 4/ 2 interview: man gonna beat Trayvon, heard grass, heard get off get off, jacket becomes hoodie, apartment shade becomes mail shed thing, details added about call connection / disconnection times coinciding with Trayvon's alleged arrival and departure at/from mail thing, (f) "you want that too?", (g) put hoodie up, (h) What you talking about becomes Whatchu doing around here, (i) admitted hospital lie
5. Defense may have knowledge regarding some hanky panky with the phone(s).
Florida law is generally to the effect that witness exclusion is an extreme remedy and generally disfavored. I still think they might make such a motion to preserve the issue for appeal and to call the matter to Nelson's attention. We might even see a motion to depose BDLR about his dealings with Crump in connection with the 4/2 interview of W8. How did BDLR come to lead W8 to substantially follow the Crump script when the audio recording provided by Crump is largely unintelligible and did not contain the "beat" allegation of the Feb 28 released ABC recording? Was BDLR colluding with or at a minimum following the direction of a private attorney with a vested financial stake in the case? Was O'Steen present during the pre-interview coaching/prep ? Did they depose O'Steen?