1. The judge will have to be careful balancing LE's need for secrecy regarding the continuing investigation against the defendant's rights. Basically, the defendant's rights always prevail, because they're based on the Constitution. The most likely result, as you suggested, would be that the defense team would be allowed to see certain things but would not be permitted to reveal the information to the public.
2. I believe defendants are generally allowed to keep legal papers in their cells.
3. The fact that they are in Missouri won't prevent them from being compelled to testify. If the Florida court requests it, the Missouri court will order them to appear somewhere in Missouri to testify by phone/video. As to CWW's wife, though, there are 2 types of spousal privilege that probably exist in Florida (they do in most places): (1) a privilege as to communications between them that took place during the marriage, and (2) a privilege not to be compelled to testify against a spouse. Now, if CWW's defense includes something like, "I was with my wife the whole time," then he may be found to have waived privilege #2 and his wife could be made to testify.
MinnesotaMary
MinnesotaMary is offline Registered User
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1.) So CWW right now is charged with murder, and it is said that this Wed. CWW's defense attorney will receive all Discovery (to-date). The sheriff has told us the investigation is keenly active & now, tho', been told to Zip It. So long as CWW doesn't invoke his right to a speedy trial, can the judge permit some of the Discovery to be held back at this tim (eg, redacted docs' or docs'/video, etc., entirely withheld) from getting into the hands of CWW's defense attorney? If the defense must receive ALL Discovery NOW, can the judge order defense attorney & CWW not to speak out publicly about that evidence so 'they all know', but we the general public don't get to know now???
2.) Is it correct to assume that CWW's attorney physically chats with CWW in the jail & brings in all the Discovery to go through it all with CWW, BUT she will NOT give CWW a copy of anything for CWW to keep in the jail, unless, like Jodi Arias, CWW is kept 100 percent away from all other inmates?
3.) Does Florida have any way to compel CWW's new wife to testify AT ALL in the event she doesn't want to be involved? Isn't it true that so long as Wife3 stays in MO, FL has no authority physically to complet her or force her to do anything (no phone testimony, no video, no extradition...). Same as to JR's GF.
tyia
MinnesotaMary...Great questions!!
AZLawyer....Great answers!
Wow, constitutional rights prevail, prisoners can keep documents in their cells, and wife and/or gf can testify via phone/video! I get the "spousal priviledge etc" but, does that apply if the wife files for an annulment? Would that apply if the spouse had "lied to investigators" early in the investigation. (Hope I can phrase my scenario correctly, ok? You might have to fill in where I missed the details, here goes!!)
Detective asks wife, "Where was your spouse from June 26th to June 28th."
Wife replies, "Oh my wonderful hubby and I spent the entire weekend together, binge watching Law & Order SVU and BBQ'ing with our kids."
Later the detectives find video evidence in a Walmart that proves she had lied. Even without asking her to testify against her husband, would the prosecutors be able to QUESTION HER ABOUT LYING TO THE INVESTIGATORS?? I am beginning to wonder if anybody gets prosecuted for lying to detectives, but instead only get prosecuted if they lie, under oath on a witness stand. (Oh Lord, it made me dizzy trying to put my thoughts into a sentence...sorry if hard to follow. IQ)