Tsarnaev Prosecutors Threaten to Remove Defense Witnesses Before They Testify Witnesses

By Jeralyn, Section Terror Trials
Posted on Thu Apr 30, 2015 at 05:57:12 AM EST
Tags: Dzhokhar Tsarnaev, Boston Marathon Bombing (all tags)

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The Government reached a new low in the Dzhokhar Tsarnaev trial this week, in my opinion. At a hearing outside the presence of the jury, AUSA William Weinreib complained about the security costs and FBI time spent ensuring the safety of five of Tsarnaev's relatives who traveled here from Russia to testify for him. They threatened to the FBI will take them back to Russia if the defense doesn't call them by Friday.

“It’s an enormous expense and distraction for the agency, and that’s just part of the expense that the government has endured,” federal prosecutor William Weinreb said during a closed-door meeting Monday with the defense and Judge George O’Toole, according to transcripts shown on the court's public terminal.

The Sixth Amendment compulsory process clause guarantees defendants the right to have witnesses brought to trial to testify for the defense: [More...]

Amendment VI

In all criminal prosecutions, the accused shall enjoy the right to a speedy and public trial, by an impartial jury of the state and district wherein the crime shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the assistance of counsel for his defense.

The Supreme Court in Washington v. Texas:

The right to offer the testimony of witnesses, and to compel their attendance, if necessary, is in plain terms the right to present a defense, the right to present the defendant's version of the facts as well as the prosecution's to the jury so it may decide where the truth lies. Just as an accused has the right to confront the prosecution's witnesses for the purpose of challenging their testimony, he has the right to present his own witnesses to establish a defense. This right is a fundamental element of due process of law.

If the defendant is found to be indigent, like Dzhokar Tsarnaev, the cost is born by the Government.