Re: Subpoena Question

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Mikey, I wasn't thinking of domestic violence cases in my first
post. If that's it, subpoening the complainant would be
routine. They then hit the complainant with a choice of
testifying against the defendant or facing charges for making a
false police report and/or contempt for refusing to testify.

And, in a domestic violence case, they'll also have an "expert"
(usually a victims' advocate) to testify that recanting is a
symptom of being a victim of spousal abuse.

Hope that ain't the situation you're in.

On 7/13/06, M'sta Mikey wrote:
> On 7/13/06, Curmudgeon wrote:
>> Can't say that I've ever seen that before. I can imagine a
>> lot of strategic pros and cons. If I were you, I'd be
>> really concerned that the PA has something solid to impeach
>> the witness with---maybe even enough to get a conviction.
>> I'd be vetting the hell out of the witness and ALL prior
>> statements he may have made.
>
> Thanks 'mudge. The problem is that the PA has NEVER even
> questioned/contacted this witness (my spouse) and the police
> report states that what the plaintiff stated was completely
> untrue and did not happen.
>
> Her attorney is on vacation until next Monday so we can't ask
> him (yet).