SEQ CHAPTER \h \r 1CR05-131 05/10/04

 

WITNESSES TESTIFYING UNDER GRANT OF IMMUNITY, OR UNDER UNSENTENCED PLEA AGREEMENT

You should also understand that one witness, (witness)_______________, has testified under a plea agreement [he] [she] made with the state.  In addition, other witnesses, _______________ and _______________, have testified under partial or complete grants of immunity, as part of cooperation agreements with the state.  The evidence of these agreements has been introduced because it may bear on the witnesses’ credibility.

Carefully evaluate the testimony of each witness in light of each witness’s situation, and each witness’s relation to the alleged offense.  Consider whether the testimony is colored in such a way as to further the witness’s own interest.  You may find that a witness has a motive to give false testimony, or you may find that the witness has testified truthfully.  Whether to believe each witness’s testimony, and how much weight to give it, is up to you.