what else can be done if witness takes the 5th in a homicide case..???

Question

my grandson was murdered and 2 wittnesses gave statements at the scene but at the trial decided to take the 5th and it was dismissed with prejudice...the kid is in a halfway house now for violation of parole and is out on the streets having to look for work...he shot my grandson in the back 4 times after an argument and ran but got caught in Louisiana and violated parole ....is there anything that can override the 5th amendment..it looks like this guy is going to get away with this....until the witnesses change their minds.....they have written testimony can they just use that????all answers will be appreciated..thanks

Answer 1

I'm a prosecutor. Your loss must be excruciating. I'm very sorry.

Unfortunately, if the case was dismissed WITH prejudice, that means that the trial court ruled that it can no longer be prosecuted regardless of what happens in the future.

This means that there is a very little chance that the criminal case could ever be reinstated. The little chance is based upon the option to appeal the trial court's decision. Certain time limits apply, and the decision to file an appeal is left up to the prosecuting attorney's office.

The other option is to sue the Defendant in civil court. I don't know anything about the case, but I would guess that the Defendant does not have any real assets, tangible property, or money to speak of. If I am wrong, you should contact an attorney as soon as possible.

With respect to your Constitutional question: In the past, if a witness refused to testify at a trial, the prosecutor could use a recorded statement in his/her place at trial. The US Supreme Court, in the Blakely decision, decided that we could no longer do that. The Court decided that if the witness could not be cross-examined, any testimony from that witness was unconstitutional at trial. Our hands are somewhat tied now.

I wish I had a better answer for you, but that is where the law is right now.

Answer 2

I don't know what the laws are where your at but if you look up the Federal Laws of the United States, I beleive there's a Law that states that the United States Constitution is the Law of the Land and every State shall be bound thereby. Going on that premise, and what you said about two witnesses, it sounds like you have a delima of how to convince the witnesses to testify. I would do a background check on the witnesses and see if there is anything there, if so, go to the prosecuter and ask Him/Her to grant your witness immunity from prosecution on any current or outstanding warrants, provided there not offenses against persons. there's another law that states if a person has intricute knowledge of a crime and refuses to testify they can be compeled to testfy even if they don't want to or be held in contempt of Court until they do testify. I am going to say a prayer for you tonight and ask you to let the power of GOD go to work.

GOD BLESS/GOO LUCK!

Answer 3

I'm not sure why the 5th would apply - that's a constitutional safeguard against having to admit you are guilty of a crime. However, if it does apply, the prosecutor can give limited or full immunity for the crime in question, which means that the witness no longer has to fear prosecution. If they have immunity, and still refuse to testify, then the court can order them to be locked up for contempt of court.

Were they unwilling to testify because they had also committed a crime, or were they scared of retribution by the guy who shot your grandson?

Answer 4

I am so very, very sorry for your loss. My heart hurts--really, I just thought about if that were ever happen to my own grandson. The pain you are going through must be devastating.

If your grandson would have been someone of great importance, this case would be tried and the low lifes convicted. However, I can see them getting out of this. It is just how the system works, you see it every single day in the newspapers.

They will be back in jail/prison for other crimes within the next decade, but I truly doubt you will see a conviction in this case.

I truly want to express my heartfelt condolences to you.
M

Answer 5

I am not religious, but do consider myself spiritual. If you are either, you know what goes around comes around. He will get it, maybe in the most unexpected way--that is, IF he did it.

Sometimes pleading the fifth is not the same as an admission of guilt. It might be saying, "I can't tell who did it because I might get in trouble for something related or unrelated."

If you just need closure and want to know the whole story, see if you can persuade the prosecutors to offer one or both of them full or partial immunity. They may feel more free to tell the truth and you'll have closure and can move on.

Only other thing I can think of is for you to put on your detective hat (and gloves) and get to the business of finding out what really happened. Sometimes clues take a while to emerge, but they will.

Answer 6

do you recognize, it would make me ill too if that's truly what happened! it truly is truly uncomplicated for the media to homestead in on undesirable factors and blow them out to such an quantity that the data are lost. Then there is the typical public who might fairly have faith a father might disown his very own newborn, than to have faith that there could desire to be yet another tale completely diverse and that's simply by fact anybody desires to think of undesirable individuals, that's strictly what Jesus stated might take place! If this that's actual that the daddy has disowned his newborn: 2 conceivable motives. One, he's no longer ALLOWED to work out his newborn simply by fact he's deemed a foul confirm and the media are determining directly to assert diverse. 2nd, the names sound some variety of African, so that's conceivable that the daddy has puzzled the difficulty and thinks that he can not settle for his newborn simply by blood transfusion. And just to: reassure you all: if this does take place, never is the youngster in charge and consequently i understand that if he grow to be my newborn i might nevertheless love him and handle him no diverse to if he had no longer had one. Prejudice is an considerable emotion.

Answer 7

Dismissed does not equal not guilty. Press the District attorney, and go to the press. There is nothing you can do about the fifth ammendment, it is the constitution.
Since this was not an innocent ruling, you can still have charges brought against him! Gather evidence, and haunt the police and DA until there is a solid case against this person! There is no limitation on murder charges, let them know you will never forget, and will keep pressing until they are brought to justice. I feel sorry for your loss, and do not give up!

Answer 8

Being that the case is dismissed with prejudice, it can not be refiled or recharged. This means the prosecutor has looked at the evidence and dismissed the case to never be charged again. He did get away with it. Sorry.

Answer 9

Well it can be appealed and if it could make it to your supreme court they could force the witnesses to testify or go to jail themselves.

However being that the case was dismissed 'with prejudice' It will be difficult to get an appeal. but worth a try.

Sorry for your loss.

Answer 10

The witness' can be given a form of immunity which will free them of the necessity to invoke 5th admend.