United States v. O'Bryan

DECISION

HODGSON, Chief Judge:

The paramount issue before us is whether the military judge erred in refusing to grant immunity to a defense witness whom the trial defense counsel claimed had testimony which would exonerate the accused of any knowing possession of drugs.

The individual whose testimony was excluded at trial was Airman David Whalen who was being administratively separated from the Air Force for misconduct. On 18 January 1983, in a request to the Commander, 22d Air Force, seeking immunity for Whalen, the accused’s counsel averred:

Airman Whalen’s counsel has advised me that his…