State v. Tayari-Garrett

OPINION

KIRK, Judge.

Appellant Mpatanishi Syanaloli Tayari-Garrett, an attorney, proceeded pro se *647during her jury trial on a charge of criminal contempt for failing to appear for trial. Although appellant invoked her Fifth Amendment privilege against self-incrimination, she effectively waived this privilege when she persistently testified while not under oath during her opening statement, closing argument, and examination of witnesses. Because of her waiver, we conclude that the prosecutor did not violate appellant’s privilege when he told the jury that her unsworn testimony was not evidence to…