If a witness is intimidated into giving evidence to a grand jury, is that intimidation offset by the introduction of the witness's prior testimony?
MultiRegion, United States of America
The following excerpt is from Morgan v. Bennett, 204 F.3d 360 (2nd Cir. 1999):
If the defendant's intimidation causes the witness not to testify, the loss of her testimony may, to a degree, be offset by the introduction of the witness's prior grand jury testimony, see, e.g., United States v. Mastrangelo, 693 F.2d 269, 27273 (2d Cir. 1982), or of hearsay evidence
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