Boulder prosecutors today filed a motion indicating they will grant Monty Turner "use immunity" as a witness at his father's kidnapping trial, which means that his testimony as a witness will not be admissible in Turner's own trial in the case.
Ronald Turner, 74, is currently on trial for plotting with his son, Monty, and helping to carry out the May 25, 2013, kidnapping of his 3-year-old grandson, Luke Turner.
Boulder Deputy District Attorney Tim Johnson said Monty Turner would be called as a witness in Ronald Turner's trial, but that what he says while on the stand cannot be used in his own trial -- which has not yet been scheduled -- nor can any of his testimony be independently used to further any investigation.
But as a result of the use immunity, Boulder District Judge Andrew Macdonald advised Monty Turner at a hearing this afternoon that he cannot plead the Fifth Amendment in his father's trial, and that refusing to testify could result in contempt of court charges.
Ronald Turner's trial opened Tuesday but was delayed Wednesday because he had an emergency abdominal surgery on Tuesday evening. Although the surgery was characterized as minor, the proceedings were delayed again on Thursday, and prosecutors said Monty Turner probably will not testify until next week.
Ronald and Monty Turner were on track to be tried together, but Monty Turner changed his plea from not guilty to not guilty by reason of insanity. The ensuing mental health evaluations led to the trials being separated in order to ensure Ronald Turner a timely trial.
Monty Turner is accused of breaking into his estranged wife's home in May 2013 and shocking her with a Taser, spraying her with pepper spray and then fleeing with the couple's son. Monty Turner was tracked to a hotel in Canada, where authorities caught up with him and seized the boy.