S.Ct. Crim. No. 2008-042

Appellant had shown no plausible basis for two witnesses to be returned to court to be examined on their out of court recantation statements. The two witnesses had identified Appellant as the assailant in written statements to the police on the day of the incident, but one witness subsequently recanted his initial identification of Appellant; both witnesses subsequently testified against Appellant in his trial and identified him as the assailant. Both witnesses knew Appellant prior to the shooting incident. After testifying both witnesses recanted their initial identifications of Appellant during a hiatus in the trial, even though they had both identified Appellant as the assailant in their trial testimonies. During the trial, the two letters of earlier recantations by one of the two witnesses were admitted in evidence. Therefore, the two witnesses' latest recantations are insufficient to compel the witnesses to reappear in court to be examined on their latest recantations. Appellant was therefore not entitled to compulsory process because a criminal defendant does not have a Constitutional right to have cumulative evidence admitted at trial.