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For the rest of us, you are making the point that, because it’s civil, pleading the 5th can be held against the defendant?
Not OP, but yes. Taking the 5th in a civil trial can be used against you. However, if he doesn't take the stand then he doesn't have to take the 5th. His lawyers would be fools to let him testify. Here's hoping they were bottom of their class at law school.
He's on the witness list for the prosecution. He has to take the stand if called, where he will take the 5th.
lol, he's boned.
You're entitled to an attorney for a criminal trial, but not a civil one, which means these lawyers chose to work with this pathologically lying persistent deadbeat. I wouldn't place much stock in their intelligence.
Can failure to testify can be held against the defendant?
SpaceBar provided a key piece of information. He's on the witness list. So, yes refusal to testify can be held against him.
It doesn't protect you from civil consequences where it could protect from criminal consequences.
I just really hope they did plenty of homework. That's part of the reason Cosby got off is because he provided testimony in a civil trial that contained criminal implications. He only did that with the caveat that his testimony could not be used for a criminal trial.