Janet Vaccari & another, petitioners
Docket # SJC-10914
Massachusetts Supreme Judicial Court
Facts: Vaccari and Pistone were indicted on charges of motor vehicle insurance fraud, conspiracy and larceny. They were part of a scheme, along with Forlizzi and Battista, to submit and be paid for false insurance claims. The Commonwealth intends to have the petitioners testify against Forlizzi and Battista at trial. One Superior Court judge granted them immunity for their testimony, but another judge denied it. They appealed and the single justice denied their motion for reconsideration.
Usually you cannot appeal this kind of order, your only option is to not show up and fight the contempt charge later on. The petitioners argue that they could not follow the contempt route. The petitioners do not offer any evidence to show that their familial relationship with an alleged organized crime figure makes it unduly burdening to find them in contempt and incarcerate them. They have not met their burden of proof showing that this is an extraordinary case.
The petitioners claim that the immunity they were offered will not protect them from Federal prosecution or prosecution in another state. But the actual immunity they have been granted does protect them from Federal prosecution and prosecution in another state. They also argue that the immunity they have received does not protect them from prosecution for perjury from statements they previously gave to the police. But the immunity orders preclude the use of their immunized testimony against them for this purpose.
Prepared by KP
