Defendant charged with murder is held in jail pending trial

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A defendant charged with murder is held in a jail pending trial. Also in that jail, on unrelated charges, is a prosecution witness in the murder trial. The defendant (client) is represented by a public defender, who learns the client has intimidated the witness into signing a written document recanting the witness's prior statements to the prosecution. That document has been sent to the attorney. Must the attorney give the document to the prosecution when they issue a subpoena to the attorney demanding the production of the document? If you answered no, what additional facts would make the crime-fraud exception applicable? (See In re Public Defender Services, 831 A.2d 890 D.C. 2003).

Reference no: EM133854982

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