Does a potential or de facto defendant have to testify before a grand jury?
MultiRegion, United States of America
The following excerpt is from United States v. Capaldo, 402 F.2d 821 (2nd Cir. 1968):
Appellant claims that his grand jury testimony, part of which was introduced at trial, was obtained in violation of his Fifth Amendment right against self-incrimination and his Sixth Amendment right to counsel because he was a "de facto" defendant at the time of the hearing and because he was not permitted to have counsel with him during the hearing. We disagree. This court has long followed the rule that the Fifth Amendment does not prohibit
[402 F.2d 824]
potential or de facto defendants from being summoned before a grand jury. See, e. g., United States v. Winter, 348 F.2d 204, 207-208 (2 Cir. 1965); United States v. Pappadio, 346 F.2d 5 (2 Cir. 1965).[402 F.2d 824]
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