Tennessee Carjack Slaying Case: Grand Jury Witness Immunity
On May 14, 2009, before Judge Baumgartner, defense counsel for Vanessa Colemen in the now-infamous carjack slaying case argued that Tennessee homicide charges against his client should be dropped because Ms. Coleman testified before a grand jury on issues related to the charges now levied against her.
According to Tennessee Criminal Law and Rules of Criminal Procedure, if a witness is called before a grand jury and the witness decides not to incriminate herself, the district attorney may compel the witness to answer by granting the witness immunity from prosecution.
The problem with Coleman’s case, however, is that while her recently retired defense attorney applied for the immunity, Ms. Coleman never followed through with the application. Rather, she voluntarily testified before the district attorney ever considered her as a suspect.
Her defense attorney now seems to argue that immunity is automatic even though immunity typically applies when the defendant is under indictment. Even if counsel wins on this issue, there’s still another problem. The case is a federal proceeding, and there is no equivalent rule in a federal case granting immunity to those who testify before a grand jury.
If you have been charged with a crime in Tennessee, you will want an experienced Sevierville criminal defense attorney who can foresee such problems as described above and who will aggressively defend your rights. Call 866-853-2888 today for a case evaluation.
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