Prosecutors Discuss the Pagan "Testify Down" Strategy

Pagan testified at a murder trial in which he was the actual murderer. Recently the WSJ.com ran a story about a "rare and risky legal strategy" used by prosecutors. Turns out they even have a name for it: Testifying down. Guess who they were referring to! (Well, at least he's still in the clink, as we learn..) In two recent cases in Brooklyn, one of which was the James Donovan murder trial, in which Pagan testified, "... [t]he government used cooperating witnesses—"big fish"—who admitted to more serious crimes than the charges faced by the people they were testifying against. "This is, generally speaking, the opposite of how cooperating witnesses work. Usually, legal experts said, the goal is to get those witnesses to admit to wrongdoing, cooperate with the government and to walk the investigation up the ladder, obtaining evidence against leaders or those potentially engaged in more serious crimes. In exchange, on the recommendatio...