Legal Definitions - target witness

A target witness is an individual called to provide testimony before a grand jury who is also considered a potential suspect in the criminal investigation. This means that the prosecutor or the grand jury has gathered significant evidence suggesting this person may have committed a crime, and they are viewed as a possible defendant. While they are compelled to appear as a witness, their testimony is often scrutinized with the possibility of their own indictment in mind. It's important to understand that simply being an employee or officer of an organization under investigation does not automatically make that individual a target witness, nor does an organization automatically become a target if one of its employees is.

• Example 1: An Accountant in a Corporate Embezzlement Case

  A grand jury is investigating a large corporation for a complex embezzlement scheme. Ms. Chen, a senior accountant at the company, is called to testify. Initially, she was seen as someone who might have information about the financial irregularities. However, during the investigation, prosecutors uncovered bank records showing large, unexplained deposits into Ms. Chen's personal accounts that directly correlate with the missing corporate funds. She is now considered a target witness because there is substantial evidence linking her directly to the crime, making her a potential defendant.

• Example 2: A Driver Present at a Hit-and-Run

  A grand jury is investigating a fatal hit-and-run accident. Mr. Rodriguez was driving a car that was following closely behind the vehicle involved in the collision. He initially told police he saw nothing clearly. However, subsequent forensic analysis of debris at the scene suggests his vehicle also made contact with the victim's car, and security footage shows him speeding away immediately after the incident without stopping. When called before the grand jury, Mr. Rodriguez is considered a target witness because the evidence now points to his potential direct involvement in the accident or an attempt to conceal evidence, making him a possible subject for indictment.

• Example 3: A Manager in an Environmental Pollution Investigation

  A grand jury is investigating a manufacturing plant for illegally dumping hazardous waste into a local river. Mr. Thompson, the plant manager, is called to testify about the company's waste disposal practices. While the company itself is a primary focus of the investigation, internal emails and memos surface, signed by Mr. Thompson, explicitly directing subordinates to dispose of waste in an unapproved manner to cut costs, despite knowing the environmental risks. In this scenario, Mr. Thompson is a target witness because the evidence suggests his personal criminal liability in the illegal dumping, beyond his role as an employee of the target organization.