New York – New York’s top court ruled Tuesday that a man who got immunity from prosecution by giving grand jury testimony against his brother in a stolen property case can be charged with criminal contempt for refusing to follow through and testify at trial.
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The Court of Appeals said the fact that Tyrone Sweat spent two days in jail during brother Michael Sweat’s 2012 trial for contempt, in an attempt by the trial judge to make him testify, doesn’t preclude prosecutors from bringing the subsequent charges.
The seven judges ruled that’s not constitutionally prohibited double jeopardy — charging someone twice with the same crime or punishing them twice for a single offense. They reversed lower courts.
“For purposes of a double jeopardy analysis, labels are not dispositive; what matters is the ‘character and purpose’ of the actions of the court imposing contempt,” Judge Jenny Rivera wrote. “County Court never referred to the contempt as criminal,’ nor to the confinement as ‘punishment.’ Quite the opposite.”
Tyrone Sweat had been given transactional immunity before the grand jury in return for his testimony against Michael Sweat, but said at trial in Erie County Court that he didn’t want to testifying against him and wouldn’t. The trial judge ordered him jailed.
Michael Sweat was acquitted two days later, and the trial judge ordered his brother released.
Erie County prosecutors brought two criminal contempt charges against Tyrone Sweat less than a month after that. Another judge dismissed them, citing double jeopardy, which was upheld on an initial appeal.
A Defense attorney argued Tyrone Sweat had already been punished with two days in jail.
Assistant District Attorney Nicholas Texido said witnesses refusing to testify is a common problem.
The possible punishment for criminal contempt under New York’s Judiciary Law is 30 days in jail and a fine of $1,000.