Some Cook County prosecutors have been instructed not to subpoena witnesses simply to prepare them for trial, the Tribune has learned.
Criticism of trial-prep subpoenas grew louder after word spread about the lawsuit, which was filed on behalf of a young mother who spent three weeks in jail for not responding to a subpoena that summoned her to prosecutors’ offices for preparation.The subpoena process is meant to compel someone’s appearance in court — not their cooperation with prosecutors, legal observers said.
A spokesperson for Foxx’s office reiterated that no new policy has been finalized, and said they will address any concerns raised by the staff as the official guidance is being completed. Multiple courthouse sources, including longtime prosecutors, were candid about the reasons. People in communities affected by violence often fear for their safety if they become known as cooperators. Nobody is eager to sit in a room full of strangers and recount the most traumatic experiences of their lives. And some witnesses simply do not trust law enforcement.
Prosecutors in Gamboney’s courtroom that day were seeking to get the man held in contempt of court for allegedly ducking the court summons, according to court records and a transcript of the hearing. The defendant went to trial in March without testimony from this witness and was acquitted.
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