TR
Defense ArgumentAgainst Bind-Over
For the Record · Point XI of XVII

Twiggs Immunity

Defense argument against bind-over

Argument · 11 of 17

XI. The Central Witness Received Both Federal and State Immunity

The recorded interview itself confirms that Twiggs had been granted both federal and state immunity relating to the material he discussed. Source: rev.com Immunity does not automatically make a witness dishonest. But it creates a direct reason for rigorous cross-examination.

The Court should have been able to assess:

Instead, the State presented Twiggs by video. The defense did not conduct live cross-examination before the Court. That matters because Twiggs was not merely a corroborating witness.

He was the central gateway to:

The prosecution was permitted to ask Twiggs questions in a controlled recorded setting after immunity had been granted. The defense was denied the equivalent opportunity to confront him live before the factfinder. The State cannot convert an immunized, un-cross-examined account into unquestioned fact merely by playing it on a screen.

Day 4 Hearing — Recorded Interview Played by VideoThe recorded, immunized account played for the Court in lieu of live cross-examination. Source: Court TV.
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