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The bulk's reliance on Workman, supra, is misplaced. The good pounds of authority Within this region supports the theory that absent statutory or constitutional provisions to the contrary, a prosecutor has no inherent power to grant immunity to the witness to be able to compel his testimony. The remarks on the demo court (in the course of the in-chambers hearings) emphasised these disorders on the potential witnesses. Workman, supra, truly offers no solace along with the thrust of that impression was that The federal government, being a promisor, will probably be required to execute its bargain as soon as the promisee has relied over the guarantee and carried out his or her Element of the cut price. Commonwealth v. Brown, Ky., 619 S.W.2d 699 (1981). Appellant promises that Grooms' testimony was most important since she was the only witness who listened to the decedent say he was planning to "whip" her. A straightforward comparison of Grooms' avowal testimony While using the testimony of equally defense and prosecution witnesses verifies that Grooms' testimony was cumulative in character and not exculpatory. When a criminal defendant might not compel the government to grant immunity into a witness, an exception continues to be identified if the fact obtaining procedure is deemed to have been distorted, intentionally, by The federal government. An exception does not exist In such cases. While Grooms' testimony was appropriate, there was an abundance of testimony by other witnesses that dispelled the argument that without Grooms' testimony the fact-obtaining system was intentionally distorted by prosecutorial misconduct which denied a fair trial. I'd affirm the judgment on the demo court docket and read more the view on the Courtroom of Appeals. SPAIN and WINTERSHEIMER, JJ., be part of in this dissent.

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In Workman, appellant submitted a movement to dismiss the indictment of murder supported by an affidavit which alleged that the Commonwealth "entered into an agreement with Workman to abandon their prosecution of him if he passed a polygraph evaluation specified from the Kentucky State Police." Workman, 580 S.W.2nd at 207. While Workman handed the Test, the Commonwealth didn't uphold its deal. According to this Court, the query was not whether the Commonwealth's bargain was sensible or foolish. Rather, the issue was if the Commonwealth must be permitted to break its word. This Court held: The record . . . disclosed no rational foundation which might minimize the lawyer to the Commonwealth from your functionality of his discount or justify the refusal in the trial choose to grant the motion to dismiss. We are confronted with a hard option, but in the final Assessment we discover it a lot less evil that a legal must escape punishment than that The federal government need to be allowed to welsh on its bargain.

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