Legal Question in Criminal Law in Michigan

right of defense to call a prosecuting attorney to the witness stand

This question concerns the right of defense to call a prosecuting attorney to the witness stand.

In the film 'Primal Fear', the defense attorney (Richard Gere) decided to call a prosecuting attorney (not the one prosecuting the trial, but his superior) to the stand for questioning. Responding to the prosecutor's objections, Gere's character argued that the 6th amendment explicitely allows the defense (defendent) the right to question anyone who may be able to provide exculpatory evidence, and he also cited court opinion, citing ___ v Maryland.

The problem is that even replaying that passage repeatedly, I could not determine what the first name in the case is because Gere's delivery is so fast and the name is so short, most likey one syllable. I need this legal reference (and any other you deem relevant) and any details, such as the opinion itself or a summary thereof. It would be very convenient to find that it is online.

Would this also apply to a prosecutor actually conducting the prosecution? How about the judge hearing the case?


Asked on 8/28/02, 7:44 pm

1 Answer from Attorneys
Neil O'Brien Eaton County Special Assistant Prosecuting Attorney

Re: right of defense to call a prosecuting attorney to the witness stand

The Supreme Court case is Brady v Maryland, 373 US 83; 83 S Ct 1194; 10 L Ed 2d 215 (1963). To read it, go to http://www.findlaw.com/casecode/supreme.html and type in "373" and "83" is the Citation Search fields surrounding the "U.S.".

I think that Hollywood is the only reason that the trial prosecutor's boss testified in that movie. In real life, the general rule is that an attorney (a prosecutor or any attorney in provate practice) must disqualify himself if someone from his office will be a trial witness.

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Answered on 8/29/02, 8:11 am


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