Charles Gittins, the former captain's attorney, is awaiting a response to a request for testimonial immunity for his client, which he submitted to the commander in chief of the U.
Scott Waddle is granted testimonial immunity by Adm.
A witness required to testify at someone else's criminal trial with testimonial immunity is in basically the same position as a suspect required to give an immunized deposition for his own trial or to testify in a civil case, in a legislative hearing, before a grand jury, or in any other proceeding.
This testimonial immunity has several advantages over other sorts.
If the Government plans to prosecute a witness who has been granted testimonial immunity, it is best to complete the prosecution before the witness testifies.
704(a) discussion ("[I]f it is intended to prosecute a person to whom testimonial immunity has been or will be granted for offenses about which that person may testify or make statements, it may be necessary to try that person before the testimony or statements are given.
Toshio Kamado, 50, father of Atsushi Kamado, 17, who was rescued in the incident, said, ''I thought the former captain would stand to testify even without a grant of testimonial immunity
When cases involve multiple accused, the Government may be in a position where a grant of testimonial immunity (27) for co-accused is necessary to prosecute.
Testimonial immunity is preferred because it does not bar prosecution of the person for the offenses about which testimony or information is given under the grant of immunity.
Earlier in the day, Waddle took the stand under oath against the advice of his counsel, although he failed to obtain testimonial immunity.
On the stand, Waddle suggested the proceedings were politically motivated, saying he had originally requested testimonial immunity as part of taking ''reasonable precautions in the event the international and political environment dictated that I be sacrificed to an unwarranted court-martial.
The CAAF addressed only two cases involving these protections; one dealing with the sufficiency of Article 31 (b) warnings (3) and the other with grants of testimonial immunity.
Mapes, (54) specifically, the complex issue of dual grants of testimonial immunity.
The two fathers returned to Honolulu in time for Waddle's deposition, which was made under oath in a surprise move Tuesday as he was not granted testimonial immunity
Navy submarine that sank a Japanese fisheries training vessel last month always intended to testify before the Navy's just-concluded Court of Inquiry despite his earlier request for testimonial immunity
, his civilian lawyer told Kyodo News on Thursday.