I was wondering about what would happen in this type of situation. Defendant and co-defendant charged with the same crime. Defendant is interviewed by police detective and tell the detective that the co-defendant solely committed crime. Co-defendant is interviewed by police detective and tells the detective that the defendant solely committed crime. Cases are severed and co-defendant is tried first. Codefendant is found not guilty of charge.
Prosecutor intends to have codefendant testify against defendant in the defendant's trial. Police detective is a witness in both cases. The court has a lawyer speak with the codefendant find out whether the co-defendant has 5th amendment privilege. The co-defendant admits to his lawyer that he lied to the police about the defendant committing the crime and that he really did the crime by himself.
Does the co-defendant have a 5th amendment privilege at this point? I'm thinking he could be charged under the witness intimidation statute (i.e. misleading the police detective with false information).
Other question I had was whether the prosecutor could charge either of these defendants at a later date with conspiracy to commit the underlying crime. Does the prosecutor have to charge the defendants with every crime they know the facts would probably support based on the information they had at the time or could reasonably discover? Or can they charge the defendants with one crime, lose at trial and then come after the defendants with additional charges based on the same set of facts at a later date?
Thanks for your information.
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