People v. Dye

In People v. Dye, 431 Mich 58, 64; 427 NW2d 501 (1988), three witnesses, fellow members of a motorcycle club, provided the only evidence that the defendant had murdered the victims. Although it was alleged that the defendant was the killer of the victims, the three witnesses helped the defendant cleanup the clubhouse after the killings. The three witnesses testified under a limited grant of immunity, and all three left the state after the killings. The witnesses were difficult to produce for the first trial because each had gone into hiding. While awaiting the first trial, they were in protective custody for fear of reprisal from other "bikers." The threats continued after their release from protective custody. Furthermore, the witnesses may have feared prosecution because they were only given limited immunity although all three were admitted accomplices after the fact to the murders. Id. at 67. A mistrial was declared on March 17, 1983. On May 13, 1983, the court set the defendant's retrial for August 22, 1983. As of May 13, the prosecution had not made any efforts to contact the witnesses. No efforts were undertaken although the prosecution knew that the witnesses intended on leaving the state and had incentives to go into hiding. Id. at 67-68. Review of our Supreme Court authority reveals that it addressed res gestae witnesses who had incentives to avoid testifying at trial in order to elude repercussions for their testimony.