Suppose a crime were committed with a very long (or no) statute of limitations, like murder.
The prosecutor has enough physical evidence to charge someone with the crime. However, they know that this person has a believable exculpatory eyewitness. Maybe the father of the murder suspect will testify that he was nowhere near the crime scene.
The prosecutor also knows that for medical reasons the eyewitness will not be able to testify in a few years. Maybe he has a terminal illness, maybe he has some early signs of dementia.
What happens if the prosecutor delays the arrest/indictment until after that eyewitness can no longer testify effectively for the defense? Assume that the arrest is still within the statute of limitations, and that the defense did not have enough warning to obtain a statement from the witness. Is there any recourse for the defense?
And what happens if it is revealed that the prosecutor intentionally delayed the arrest, in order to bolster his case by preventing the witness from testifying?
