WORDS OF WARNING FOR PROSECUTORS USING CRIMINALS AS WITNESSES

In this Article, Judge Trott offers a step-by-step guide to avoiding t he many pitfalls facing prosecutors using criminals as witnesses. Beca use prosecutors cannot choose the company that criminals keep, they mu st frequently be prepared to deal with snitches, accomplices, and info rmants in making a case against a defendant. These witnesses frequentl y have the best, first-hand knowledge of the defendant's criminal acti vities to offer. However, because of their inherent conflicts of inter est, these witnesses can sometimes ruin a case rather than support it. Using newspaper reports from around the country, Judge Trott illustra tes how criminal witnesses can turn an otherwise strong case sour when they are not handled carefully by prosecutors and their investigators . Juries are predisposed to dislike and distrust such turncoats, and a skillful defense attorney can spread this distrust to the prosecutor as well. Using these witnesses can also involve the prosecutor in thor ny ethical issues when the witness may still be involved in criminal a ctivity, have ongoing contact with the defendant, or proceed without t he advice of counsel. To combat this, Judge Trott shows how to careful ly and methodically plan the use of criminal witnesses, from the initi al contact, to formulating a cooperation agreement, to preparing for t rial and making the closing argument to the jury.