Gosling v. Commonwealth

When Gosling’s counsel asked permission to proffer for the record the witness’ testimony, the Commonwealth’s attorney objected on the grounds that the witness’ conversation with Gosling’s counsel “wasn’t given under oath,” that the Commonwealth “would not have a chance of cross examination,” and that by making a proffer, Gosling’s counsel “puts himself in the position ... of actually becoming involved as a corroborative witness” in a future prosecution of the witness. In response, Gosling’s counsel advised the court that he had no lawyer-client relationship with the witness and that a proffer…