Professional Documents
Culture Documents
-versus-
FOR RAPE
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COMES NOW, ______________, Defendant, in the above styled and numbered cause, and respectfully
requests this Court to enter an Order advising all witnesses in this case that it is permissible to discuss the case
with Counsel for the Defense and with the defense’s private investigator. In support hereof, the Defendant
I.
(1) "It shall be the primary duty of all prosecuting attorneys, including any special prosecutors, not to
convict, but to see that justice is done. They shall not suppress facts or secrete witnesses capable of establishing
II.
There are a certain number of fact witnesses who know or may possess certain information or material
in this case, and counsel for the Defendant, in order to be in a position to render the effective assistance of
counsel, must be allowed to interview all of said witnesses prior to trial, including some law enforcement
officers.
III.
The Defendant requests this Court to instruct the prosecutor not to tell these witnesses, or any witnesses,
that they do not have to talk to defense counsel or that said witnesses can refuse to talk to said defense counsel.
The Defendant submits that any such statement or communication by the prosecution to said witnesses would
constitute an effort to intimidate said witnesses or in some manner influence witnesses not to cooperate with
defense counsel.
IV.
In the alternative, Defendant requests that this Court order the government to provide, thirty days before
voir dire begins, copies of the written or recorded statements of the witnesses it intends to call at trial.
WHEREFORE, PREMISES CONSIDERED, the Defendant respectfully prays that this Honorable Court
will enter an Order authorizing said witnesses to discuss the facts of the case with Defense Counsel and
instructing the prosecution not to communicate to any witness that said witness does not have to talk to Defense
Counsel or that said witness can refuse to talk to said Counsel or in any other manner attempt to intimidate or
forcefully suggest to a potential witness so that said witness does not cooperate with Defense Counsel.
Respectfully submitted,
CERTIFICATE OF SERVICE
I hereby certify that a true and correct copy of the foregoing motion was delivered to the prosecuting
______________________________
Attorney
On this day, came to be heard the Defendant’s Motion For Authorization of State's Witnesses to Discuss
Facts of the case with Defense Counsel and the same is hereby:
______________________________
JUDGE PRESIDING