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.
He will not testify absent a grant of testimonial immunity,'' Gittins said in an interview with Kyodo News.
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.
In any trial of a person granted testimonial immunity after the testimony or information is given, the Government must meet a heavy burden to show that it has not used in any way for the prosecution of that person the person's statements, testimony, or information derived from them.
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.
Waddle said he decided to take the stand without testimonial immunity because ''this court and the families need to hear from me.
Mapes, (54) specifically, the complex issue of dual grants of testimonial immunity.
As the investigation stalled, the staff judge advocate (SJA) recommended that the convening authority grant testimonial immunity to both SPC Mapes and PVT Smoyer to force them to reveal what they knew.
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.
Scott Waddle was denied his request for testimonial immunity on Monday by Adm.