Berzin said:
I think there is quite a bit of confusion as to what will happen when this day finally comes.
So for anyone with knowledge on this subject, feel free to enlighten us.
Will all charges against the offending parties be made public?
Will we get to see a list of who testified?
Will the people who testified be free to do interviews related to what questions they were asked and how they responded?
Will the Feds be able to serve someone like Bruyneel with papers, seeing as he is not an American citizen? Would he even have to show up with a lawyer if he lives and works in Europe and never has to come to the states?
I am just answering in general here, I have a paralegal certificate and was going to go to law school at one time, so I do have some background before everyone jumps all over me.
Yes the charges will be made public after everyone is served. They are not kept secret. Many courts actually place the case information online, and some filings by both parties are able to be viewed.
Depending on the prosecution and the defense, a fairly full list of who is to testify has to be provided by both teams. There isn't supposed to be surprise witnesses or anything. The opposing team has to be able to get testimony, evidence, and other information to be able to question, or cross examine a given witness or expert. This list can be made public if one of the teams chooses to do so. However by looking at the charges, and the reply from the defense, you can determine who would be needed in court and then draw conclusions of who the witness list will contain.
It is up to the judge in the case in determining how the witnesses can comment. Both legal teams and the judge in cases like this meet to go over specific rules and agreements in how the case will transpire. Part of this is interviews by both parties, and by witnesses and other experts. This sometimes doesn't prevent either party, or those involved from commenting outside the rules.
Both parties can summons, subpoena, or call anyone they like. If the prosecution really wants Mike Anderson there, and he is integral to the case, they would pay his airfare, housing and the like in hopes that he would appear. In regards to Bruyneel or others of similar ilk, if they are summoned, and not appear, it is possible warrants can be issued, it's more a call of the court if that is needed. Depending on the importance of the case, authorities may ask for help from other worldwide authorities to bring certain people before the court.
Yes, in some cases protection to witnesses is offered. How good that does is another thing. Anyone involved in a case is welcome to representation as they see fit. If Bruyneel feels he needs a lawyer, or anyone else involved does, they can do so out of pocket, or if you are accused with charges against you, you may select to have the court appoint a lawyer to you.