Zikhale is standing trial with Kangangwane for robbing Trojan Security in 2011 and the two were jointly charged with Brutas Mokgalo and Motlhatlhobi Bagopi (now deceased) together with a certain Keabetswe Malope who had since turned into an accomplice witness
Tongo was the only accomplice witness
, she said, adding that such evidence should be treated with "caution".
(48) </pre> <p>In approving the trial judge's action, the Ninth Circuit stated: "Indeed, the Supreme Court has indicated that a district court does not err in giving an accomplice witness instruction favoring the prosecution." (49) However, this conclusion misconstrues slightly the Supreme Court's discussion of Nolte in Cool v.
Michael Cassidy, "Soft Words of Hope:" Giglio, Accomplice Witnesses, and the Problem of Implied Inducements, 98 NW.
Savage's attempts to distinguish accomplice witnesses
from all witnesses in this regard is unavailing.
These points relate to the Witness Protection Programme and the nature of the evidence required from accomplice witnesses
in such circumstances.
In sum, you should look at all of the evidence in deciding what credence and what weight, if any, you will want to give to the accomplice witnesses. (139) In all the federal circuits, district courts use specific pattern jury instructions that address the credibility of bargained-for testimony obtained from either an accomplice or a paid informant.
In sum, you should look at all of the evidence in deciding what credence and what weight, if any, you will want to give to the accomplice witnesses. (196) This instruction likely would apprise a reasonable jury of an accomplice's various motivations to fabricate, lie, and cooperate with the prosecution.