91 Felonies

‘Guilty’ Witnesses Don’t Need to Testify​


Some might think that the prosecutors could present the fact that these defendants plead guilty to the jury at later trials as proof of the guilt of defendants who go to trial. However, Supreme Court precedent forbids the direct use of the guilty pleas of witnesses to prove that other defendants who go to trial are also guilty. The prosecutors will not tell the jury something like, “Ms. Ellis plead guilty to helping Mr. Guiliani make a false statement and that is evidence that he did make a false statement.” Nor can prosecutors simply introduce the fact of the guilty pleas or documents about the guilty pleas as exhibits in the trials of other defendants.


These practices violate the rights of the defendants going to trial to confront their accusers under the 5th Amendment, but they also do not constitute relevant evidence of the guilt of the person on trial. The fact that one person agrees that their conduct is illegal in a plea deal doesn’t prove that another person is guilty, even in conspiracy or aiding and abetting scenarios, and thus the courts don’t permit prosecutors to prove their cases this way.


So, in short, there is no legal reason for Willis to have entered into these kinds of super-sweet pleas with these defendants in this case. But she did so. And the reason Willis did so is that in practical reality, if/when Trump or Guiliani or Eastman come to trial in this case, she will do covertly what the law doesn’t permit her to do overtly.



What a silly article....

The prosecution is not using their plea of guilty to parade before the court to make the jury think the other parties are guilty....just cuz of their guilty plea....

They need these people for their testimony, and for their insight to the crimes, and their documents and records, and to be available to clarify or contradict the defense's case when being made.

I think the prosecution team knows what they are doing and have done, and have their reasons for these pleas, which is unbeknownst in full detail to us.... as it should be....

Bigger plea deals means bigger reward anticipated for the prosecution case.
 
What a silly article....

The prosecution is not using their plea of guilty to parade before the court to make the jury think the other parties are guilty....just cuz of their guilty plea....

They need these people for their testimony, and for their insight to the crimes, and their documents and records, and to be available to clarify or contradict the defense's case when being made.

I think the prosecution team knows what they are doing and have done, and have their reasons for these pleas, which is unbeknownst in full detail to us.... as it should be....

Bigger plea deals means bigger reward anticipated for the prosecution case.
You actually read the article? You probably need a nap.
 

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