Friday, May 01, 2009

When all else fails, see if you can get the defense attorney to testify

Here is a Hutch News article reporting that Judge McCarville has found public defender Sarah Sweet-McKinnon in contempt for refusing to testify regarding confidential client communications in a Reno County murder prosecution. I thought it was sort of interesting that the prosecutor says that this "is a murder case, and the sole goal is to find the truth." Really? Even if it means throwing the rules of professional conduct out of the window? I guess that's one view.

We will update on this appeal when there is something to update.

[Update: here is a Hutch News article reporting on the ongoing saga.]

[Further update: here is a Hutch News article reporting that this appeal has been transferred to the KSC.]

1 comment:

Carl Folsom said...

3.8 Advocate: Special Responsibilities of a Prosecutor

The prosecutor in a criminal case shall:

* * *

(e) not subpoena a lawyer in a grand jury or other criminal proceeding to present evidence about a past or present client unless the prosecutor reasonably believes:
(1) the information sought is not protected from disclosure by any applicable privilege;
(2) the evidence sought is essential to the successful completion of an ongoing investigation or prosecution; and
(3) there is no other feasible alternative to obtain the information;