Ghors:Re: Kastigar hearings
This is why Ollie North and John Poindexter's "Iran-Contra" convictions were reversed--they gave immunized testimony before the Congress and then the prosecutor did not show that the testimony used to obtain indictments and convict at trial came from independent sources.
When a previously immunized witness is prosecuted, a hearing must be held pursuant to Kastigar v. United States, 406 U.S. 441 (1972), for the purpose of requiring the State to demonstrate by a preponderance that all of the evidence it proposes to use was derived from legitimate sources wholly independent of the immunized testimony.
Kastigar v. United
States, 406 U.S. 441, 460 (1972), which provides that immunized
testimony may not be used to support an indictment. Under
Kastigar the Government must show that it has an independent
(i.e., non-immunized) source for all of the evidence that it
plans to present at trial; in that legal setting, the need for
a pre-trial hearing is quite compelling.
See Kastigar v. United States, 406 U.S. 441 (1972).
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