Hearst

MEMORANDUM AND ORDER

A hearing was held on this matter outside the presence of the jury. The defendant moved to limit the scope of the Government’s cross-examination of her following her election to testify in her own behalf at trial. The ground alleged for so moving was the defendant’s privilege against self-incrimination guaranteed under the Fifth Amendment.

Essentially the defendant’s argument is this: Although she has elected to take the witness stand in her own behalf and thereby to subject herself to cross-examination by the Government, she nonetheless has not waived her right under the Fifth Amendment to refuse to answer questions put to her by the prosecutor which may incidentally tend to implicate her in other crimes for which she is not now on trial. Since this privilege has not been waived, the defendant claims, the Government, knowing it will be exercised as to a number of items sought to be offered into evidence against the defendant, should not be permitted to cross-examine her as to this evidentiary material and further prejudice her case by compelling her to take the Fifth Amendment in the presence of the jury.

The Court rejects this argument for the simple…