Writing that a defendant’s due process rights and a would-be witnesses’ Fifth Amendment privilege against self incrimination must be balanced against each other, a federal court judge has granted immunity to a defendant’s alleged co-conspirator so that person can testify at trial.
The decision, reached by U.S. District Judge for the Middle District of Pennsylvania Sylvia H. Rambo in a memorandum opinion, held that such a ruling was the “only way” to ensure a fair trial for defendant Joseph W. Nagle, who has argued that he did not enter a conspiracy to defraud the U.S. Department of Transportation along with a business partner, Ernest G. Fink Jr., and several other members of a company in which he was involved.
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