Other defense witnesses; alleged codefendants

Other defense witnesses; alleged codefendants

It is often useful, even if not necessary, for the prosecution to rely on the testimony of another perpetrator of the computer crime allegedly committed by the defendant. Where identity of the perpetrator or the means by which the crime was committed is in issue, such a witness may have evidence otherwise unavailable to the prosecution.

An alleged accomplice who has been granted immunity from prosecution in return for his or her testimony may be a desirable witness, particularity if he or she does not implicate the defendant. More commonly, however, the accomplice has been granted immunity in order to implicate the defendant. In such situations, a cross-examination showing the bias and self-interest of the accomplice is essential and effective.

Counsel should never approach an alleged accomplice unless counsel has the permission of the attorneys for such person. The failure to confer with an accomplice's counsel constitutes a breach of professional protocol and might jeopardize the Fifth Amendment rights of the alleged accomplice. More often than not, in any case, it is seldom useful to approach the accomplice.