In a sexual assault of a child case, I generally tell my child victim that they can talk to defense attorneys if they want to but that they do not have to. Defense attorney has filed a motion asking the court to order the State to not relay this to the child victim or any other witness in the case. Anyone have any suggestions or case law to oppose such a motion?

It is not improper for the prosecution to merely inform the witness that he may decline the interview. See United States v. Black, 767 F.2d 1334, 1338 (9th Cir.), cert. denied, 474 U.S. 1022 (1985); United States v. Pinto, 755 F.2d 150, 152 (10th Cir. 1985); United States v. White, 454 F.2d 435, 438-39 (7th Cir. 1971), cert. denied, 406 U.S. 962 (1972).

Thank you Alan Curry!!! The cites lead me to one unpublished Texas case also.