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Due Process Violations? Criminal Trials, Hearings

Discussion in 'Criminal Procedure, Criminal Court' started by breezer, Jun 14, 2004.

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  1. breezer

    breezer Law Topic Starter New Member

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    Would there be a Due Process violation if the Prosecutor delayed a case intentionally because the evidence they had could not be corroborated because all the witnesses were accomplices and did not wish to testify? Then the prosecution started pressing charges on the witnesses then when that failed offered them immunity to testify, which they accepted. Six months after the close of an investigation, one year after the incident, charges were finally preferred because the Government had the testimony it needed. however one of the witnesses made prior statements that were totally different from statements after the immunity was granted. Thus in the delay vital testimony of other witnesses was lost due to memory problems that would have been exculpatory in a mistake of fact defense.
    Does my case have merit for a Due Process Violation? I can prove the prosecution delayed in order to pressure charges, then give immunity to gain testimony it needed. That resulted in loss of testimony due to memory and witness availability that I believe would have proved a mistake of fact basis for a not guilty verdict. But that testimony is lost and I can’t prove what that might have been said now. What should I do?
    This is a military court we are dealing with.

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