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IN RE CRIMINAL INVESTIGATION NO. 1-162

No. 1130, September Term, 1985.

66 Md. App. 315 (1986)

503 A.2d 1363

IN RE CRIMINAL INVESTIGATION No. 1-162 IN THE CIRCUIT COURT FOR ANNE ARUNDEL COUNTY.

Court of Special Appeals of Maryland.

Certiorari Granted April 21, 1986.

Attorney(s) appearing for the Case

Dale P. Kelberman, Asst. Atty. Gen. (Stephen H. Sachs, Atty. Gen., and Gerald C. Ruter, Deputy State Prosecutor, on brief), Baltimore, for appellant.

David B. Irwin, Baltimore, and Kenneth H. Masters, Catonsville (John H. Morris, Jr., Venable, Baetjer & Howard, William A. Swisher, Baltimore, John W. Moyer and Gerald W. Soukup, Towson, on brief), for appellees.

Argued before GILBERT, C.J., and BLOOM and WENNER, JJ.

GILBERT, Chief Judge.

Immunity is a legal innoculation against prosecution. When permitted it allows a prosecutor to do for a witness what Dr. Jonas Salk did for mankind — protect him. Unlike Dr. Salk, the prosecutor extracts a quid pro quo — an amulet for an appellation.

Maryland prosecutors, except for a few specific statutorily created instances, may not immunize witnesses. Despite a number of legislative attempts to vest immunization...

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