Even more inquiry at the in-chambers hearing thoroughly expanded the place with the prosecutor and also the likely witness Grooms. Appellant's legal professional inquired — "Did Mr. Kaltenbach (the prosecutor) point out to you personally yesterday that for those who testified truthfully nowadays that he would not prosecute you?" MRS. GROOM: "Certainly, sir." MR. KALTENBACH: "I told her yesterday, Tod, that I thought she was lying to me yesterday once again." Grooms thereafter made a decision not to testify and her testimony was supplied by technique for avowal. Appellant's criticism occurs in the prosecutor's supply to not prosecute its possess witness, Morefield, and failing to try and do Furthermore for Grooms, a protection witness. Appellant's reliance on Workman v. Commonwealth, Ky., 580 S.W.second 206 (1979) (overruled by Morton v. Commonwealth, Ky., 817 S.W.second 218), is very seriously misplaced as that circumstance associated an settlement which has a defendant who detrimentally relied on the Commonwealth's assure. There's a big distinction In this instance for the guarantee, if it have been any a lot more than an intention, was distinctly produced to witnesses who, alone, were being prospective prosecution witnesses. The prosecutor's out-of-court discussion with Grooms and Morefield appears being in direct reference to them staying called as Commonwealth witnesses. The Commonwealth's situation in chief was shut devoid of calling Grooms and While using the even further proviso the prosecutor thought Grooms was continuing to lie. The rationale in this case displays that the fact-acquiring course of action could, in no wise, be deemed to are distorted with the Commonwealth's motion, nor did any inquiry or inquiries lifted by the demo court docket as a way to determine that Grooms comprehended her Fifth Amendment appropriate from self-incrimination represent an abuse of discretion.
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In Workman, appellant submitted a movement to dismiss the indictment of murder supported by an affidavit which alleged which the Commonwealth "entered into an arrangement with Workman to abandon their prosecution of him if he handed a polygraph assessment specified by the Kentucky Point out Law enforcement." Workman, 580 S.W.second at 207. Although Workman handed the exam, the Commonwealth didn't uphold its bargain. In accordance with this Courtroom, the problem wasn't if the Commonwealth's discount was sensible or foolish. Rather, the issue was if the Commonwealth needs to be permitted to break its phrase. This Courtroom held: The document . . . disclosed no rational foundation which might alleviate the attorney for the Commonwealth from the overall performance of his cut price or justify the refusal of your trial decide to grant the movement to dismiss. We've been faced with a tough decision, but in the final Examination we find it a lot less evil that a criminal should escape punishment than that The federal government really should be allowed to welsh on its deal.
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