See Video Below....
Luka is wanting Lee to be subpoenaed for the prosecution. The subpoena issued for Lee's full disclosure of his knowledge of the case to state prosecutors will allow Lee immunity from anything he states on the stand, in his own words. Lee will not be able to utilize his 5th amendment right, and there are no privilege laws covering his testimony. His immunity is granted upon he truthfully provides answers to the state's attorney's questions regarding the case.
However, if a case can still be proven against Lee without the use of his own words, Lee can still be charged with obstruction and/or aiding and abetting. These specific charges are what Luka has reported that Lee Anthony could potentially be facing.
"Use immunity" differs from "blanket immunity" and criminal immunity.
For criminal immunity an attorney must petition the court by a motion for immunity hearing, upon which a judge will ultimately rule. This grants an individual "immunity" from criminal charges being brought against the individual if they have pertinent knowledge of a crime and/or evidence associated with the crime. The individual must testify this knowledge for the prosecution in the state's criminal case against a defendant in exchange for the immunity.
Watch Nancy Grace episode from 1/14/09: Immunity for Lee
part 2:
part 3:
video courtesy: HLN; Nancy Grace
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