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Criminal Law

: Law Of Criminal Defense

"Judge Allows Lawyer to Testify Against Former Client on Tampering"

By John Wesley Hall, Jr.

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On Law.com today: Judge Allows Lawyer to Testify Against Former Client on Tampering: A Queens, N.Y., judge has allowed a defense attorney to testify against his former client regarding the client's alleged intent to pressure his wife against testifying that he attempted to kill her with a meat cleaver. The decision turned in part on whether the attorney-client discussions involved a completed crime, and were therefore privileged, or rather an ongoing or future crime, and thus not protected. Supreme Court Justice William M. Erlbaum ruled the alleged witness tampering was not yet "fully complete" as the attempted-murder case had not yet gone to trial, and therefore the discussions were not subject to attorney-client privilege. Erlbaum declined to throw out the attorney's testimony, which took place last summer in a Sirois hearing, which is used to determine whether a witness's unavailability is due to a defendant's misconduct and, if so, whether the prosecution may use the witness' out-of-court statements at trial...continue to full post

Full post as published by Law Of Criminal Defense on January 22, 2010 (boomark / email).