FIFTH AMENDMENT: ALEXANDER V. COM. (COA 3/30/2007)

ALEXANDER V. COM.
CRIMINAL:  Fifth Amendment
2006-CA-000772
PUBLISHED: AFFIRMING (KNOPF)
DATE RENDERED: 3/30/2007

CA affirmed Defendant’s convictions for four counts of diverting charitable funds. TC did not err by prohibiting questions to defense witness who exercised her Fifth Amendment privilege against self-incrimination. CA found Defendant was not entitled to relief for the fundamental reason that his counsel in fact invited the error by calling a witness he knew would refuse to testify. No error in the aggregation of the offenses into felony counts by calendar year because Alexander’s actions with respect to the bingo funds constituted an ongoing scheme of diversion. Separation by calendar year was not unreasonable in light of the annual reporting requirement. TC did not abuse its discretion in allowing the testimony of a rebuttal witness for the Commonwealth despite violation of the separation rule.

Digested by Scott Byrd.

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