A defendant in a wrongful death case may not invoke their Fifth Amendment privilege to avoid answering questions concerning the ownership of the gun used to kill the decedent when the criminal case is no longer pending, a Lackawanna County judge has ruled.
Lackawanna County Court of Common Pleas Judge Terrence R. Nealon ordered the parties in Rogers v. Thomas to conduct within 30 days a discovery deposition of defendant Lloyd Thomas, holding that he can no longer decline to answer deposition questions based on his Fifth Amendment right against self-incrimination. Nealon said he could not properly weigh the defendants’ motions for summary judgment until a deposition transcript and supplemental briefs are filed.
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