People v. Thornton

Opinion

FEINBERG, J.

The issue presented here is what statements, if any, made to defense investigators by defense alibi witnesses can be discovered by the prosecution. We conclude that such discovery constitutes an unconstitutional violation of a defendant’s privilege against self-incrimination even if the statements only impeach the testimony of the alibi witnesses and do not directly inculpate the defendant.

Appellant was charged with 14 felonies arising out of robberies alleged to have occurred on December 22, 1976, December 23, 1976, and January 10, 1977. On December 22, 1976, two men…