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Anonymous Testimony Pushes Limits. Defense Lawyers Say Justice Isn't Served If They Can't Know The Identities Of The Israeli Agents.

Publication Date: 
December 26, 2006
Source: 
Los Angeles Times
Author: 
Greg Krikorian

This article discusses whether witnesses should be able to remain anonymous in a court of law. Jeff Fisher is quoted about 6th Amendment questions relating to this issue.

"It absolutely gives me pause," said Jeffrey L. Fisher, a Stanford University law professor and 6th Amendment expert. "The essence of cross-examination is often being able to do a background investigation on the witness and use that as a lever for questioning their testimony. And if you take that away from a defendant, he is not left with very much."

Fisher added, "I can safely say the Supreme Court has never had a case about testifying under a pseudonym."

...Two years ago, Stanford's Fisher successfully argued before the U.S. Supreme Court that the attempted-murder conviction of a man in Washington state was wrong partly because prosecutors used a written statement to police by the man's wife when she could not be called to testify...