Can a prosecutor call a former police officer that has been terminated for serious misconduct for a hearing or trial?

Asked over 1 year ago - Little Rock, AR

My public defender has informed me that the State's star witness is who is responsible for my probable cause, accident reconstruction, & tox report has been investigated and terminated for serious misconduct but that he expects her to be called still. How is this possible?

Attorney answers (3)

  1. Seth Layton Bowman

    Pro

    Contributor Level 10

    3

    Lawyers agree

    Answered . I see you are in Little Rock. If it's Officer Sims, I would really doubt prosecutor is going to go through with it. If there were other arresting officers, the prosecutor might.

    We are expressly not creating an attorney client privilege. While I am a criminal defense attorney, I am just... more
  2. Joshua Sachs

    Contributor Level 19

    3

    Lawyers agree

    Answered . Allegations of misconduct, termination, and even criminality, would not render the officer incompetent as to testify. Evidence of any misconduct by the officer, to the extent that it can be used at all, would go the credibility and weight of her testimony, not to its admissibility. I see tricky evidentiary questions at the trial of this case, as your attorney tries to get in as much evidence of the officer's problems as possible, and the prosecutor tries to keep it out. It should be an interesting trial.

  3. Frank Mascagni III

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The prosecutor can subpoena any witness to testify at trial, especially a fact witness like you describe. Your PD may or may not be able to cross-examine the officer about the facts you describe. It will be up to the judge to allow or restrict these type of questions on cross if objected to by the prosecutor.

    I am trying to give you a general answer to your question. We do not have an attorney-client relationship by this... more

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