Subpoenaed! Will I miss the trial proceedings?

[pburchett]

What is the name of your state? kentucky


My brother being tried for capital murder. The murder victims were my Mother and Father. I am going to be subpoenaed to testify at my brother’s trial. I have no problem testifying, but was told that I would miss the entire trial. Supposedly I would have to set the trial out in a separate waiting room so other testimony or proceedings would not influence me.

Talk about wrong: Not being allowed to see or hear anything involving my brother’s trial pertaining to killing my parents.

Could I not go to court and testify without being subpoenaed?
or
Could I request, from the Judge, that I be allowed to testify early and then be released by both sides so I may attend the trial?


Is there anything I could do so that I would be allowed to attend the trial?

 

[gawm]

Who told you that you can not attend the trial?

 

[pburchett]

The prosecution and the victim advocacy team, due to witness preclusion.

 

[CdwJava]

My brother being tried for capital murder. The murder victims were my Mother and Father. I am going to be subpoenaed to testify at my brother_s trial. I have no problem testifying, but was told that I would miss the entire trial. Supposedly I would have to set the trial out in a separate waiting room so other testimony or proceedings would not influence me.

The reason for this is to prevent your possibly being tainted by prior testimony. This is a simple practice to protect the integrity of the process. Even officers that are testifying - except for the primary investigator(s) - will be prevented from attending.

Talk about wrong: Not being allowed to see or hear anything involving my brother_s trial pertaining to killing my parents.

Which woul dbe the greater wrong: Corrupt the system and allow him to get off, or keeping you from watching the trial prior to your testimony?

Could I not go to court and testify without being subpoenaed?

If you are subpoenaed you must testify. And if you attend court without permission the defense could move to have anything you later say tossed out because you were in court. And they won't just call you down from the gallery like a game show, so you will receive a subpoena.

Could I request, from the Judge, that I be allowed to testify early and then be released by both sides so I may attend the trial?

You can request whatever you want. But you might want to ask the DA what the likelihood of this happening might be. If your testimony is important, I would hope you don't want to damage the prosecution's chances at trial. They may want you to remain away in case you are called back to the stand later. If the scope of your testimony is minimal, you may be permitted to attend the trial after you testify.

Is there anything I could do so that I would be allowed to attend the trial?

Ask the DA.

- Carl

 

[racer72]

This issue was brought up during the OJ Simpson criminal trial, his children were not allowed in court till they testified then were excluded till the trial ended. Happens quite often.

 

[gawm]

In Arizona you would be allowed to be at the trial because of a victims rights bill they passed a couple of years back. I don't know of any other states that do the same. I don't see why you wouldn't be allowed to stay when you are done testifying. Asked the prosecutor when he plans to put you on the stand and find out if the defense plans on calling you. If not, you should be able to stay once all your testimony is taken and you are done being cross examined.

 

[CdwJava]

Being allowed at trial would not trump the defendant's rights to a fair trial.

I agree, AFTER the testimony, perhaps the OP can be allowed in the courtroom. But this depends on the status of the law and court procedures in KY.

- Carl