Defense attorney just filed for a Writ of Attachment on a man in the pen. Trial starts Monday and defense attorney has just decided that accomplice is a material witness. We disagree because we have the testimony of 2 cops and accomplice merely told defendant to reduce his price for Cocaine to what the cops had. (Accomplice was unaware they were cops.) We sent the accomplice to the pen.

Does the county have to pay to have the accomplice transported to trial when he is not a material witness to the prosecution?

Shouldn't defense attorney filed weeks ago for a deposition?

Bethany

The State is responsible for transporting a defendant from prison to court for trial. There are lots of ways the defense could argue the accomplice should be available as a witness. Of course, if the defendant takes the 5th, it will be a quick trip.

Of course, the defense could have given more notice, but the 6th Amendment will prevent any denial of the request. You would simply have to deal with an ineffective assistance of counsel claim on appeal or in postconviction writ.

Have the Sheriff's office transport the defendant.

A county auditor supplying records of county payments for non-criminal attorney work in a criminal punishment rehearing in another jurisdiction (county).

Material?

[This message was edited by David Newell on 02-27-07 at .]