The Supreme Court reversed the circuit trial court's denial of a petition for change of venue in the case of People vs. Gutierrez. Witnesses petitioned for a change of venue, claiming they would not feel at liberty to reveal what they knew if the case proceeded to trial in the current locality. The Supreme Court agreed, stating that compelling a prosecution to proceed without allowing witnesses to freely testify would make a mockery of the judicial process.
The Supreme Court reversed the circuit trial court's denial of a petition for change of venue in the case of People vs. Gutierrez. Witnesses petitioned for a change of venue, claiming they would not feel at liberty to reveal what they knew if the case proceeded to trial in the current locality. The Supreme Court agreed, stating that compelling a prosecution to proceed without allowing witnesses to freely testify would make a mockery of the judicial process.
The Supreme Court reversed the circuit trial court's denial of a petition for change of venue in the case of People vs. Gutierrez. Witnesses petitioned for a change of venue, claiming they would not feel at liberty to reveal what they knew if the case proceeded to trial in the current locality. The Supreme Court agreed, stating that compelling a prosecution to proceed without allowing witnesses to freely testify would make a mockery of the judicial process.
FACTS: Case of "confederating, conspiring, confabulating and helping one
another, did then and there willfully, unlawfully and feloniously burn or cause to be burned several residential houses, knowing the said houses to be occupied". Witnesses petition for change of venue. Circuit Trial court denies the petition of change of venue. ISSUE: WON change of venue is allowable: HELD:YES. Supreme court reverses decision stating: To compel the prosecution to proceed to trial in a locality where its witnesses will not be at liberty to reveal what they know is to make a mockery of the judicial process, and to betray the very purpose for which courts have been established."
Equal Employment Opportunity Commission v. Caribe Hilton International and Union de Tronquistas de Puerto Rico, Local 901, 821 F.2d 74, 1st Cir. (1987)