TRENTON >> The alleged getaway driver of Keith Wells-Holmes has been
Keith Wells Holmes
granted immunity to testify in Wells-Holmes' murder trial, a rare move that required permission from the state Attorney General's Office, prosecutors said.
Zihqwan Clemens took the stand at a hearing outside the jury’s presence Wednesday morning and repeatedly responded to prosecutors’ questions by invoking his Fifth Amendment right not to incriminate himself.
Clemens is accused of driving a gold Ford Windstar van on the day of Trenton graffiti artist Andre Corbett was gunned down outside an apartment complex on the corner of Hoffman Avenue and Oakland Street. He has been offered a plea deal calling for a 30-year sentence for his alleged role in the murder, prosecutors have said.
Information relayed to 911 dispatchers was that the shooter got into a similar van with temporary tags, prosecutors have said. The van was registered to Clemens’ girlfriend, according to testimony.
Clemens initially refused to respond to prosecutors’ questions until he was granted immunity. He did respond to certain questions from defense attorney Caroline Turner before immunity was extended to him, and his answers appeared to exonerate Wells-Holmes for the murder.
Turner asked the witness if he realized jurors would likely be played portions of his interview with police two days after Corbett was shot to death.
Clemens implicated his codefendant as the shooter during that five-hour interview with police, prosecutors have said. But Clemens said Wednesday for the first time he had not been truthful with investigators.
He paused and looked at his attorney for guidance when he was asked directly if Wells-Holmes killed Corbett. Turner said she would rephrase her question.
“That you know of did Keith Wells-Holmes kill Andre Corbett?”
“No,” Clemens said.
“You said your statement was lies,” Turner asked.
“Yes,” Clemens responded.
“Do you know for a fact that Keith Wells-Holmes did not kill Andre Corbett?” Turner asked.
“I would like to assert my Fifth Amendment right,” Clemens said.
After Turner finished questioning the witness, Assistant Prosecutor James Scott asked the court to grant Clemens immunity to testify. Judge Robert Billmeier granted immunity, which protects Clemens from being prosecuted for anything he says on the stand.
Clemens is being tried separately from Wells-Holmes, but prosecutors cannot use any of his testimony at his own trial, according to the order. The immunity order does not cover Clemens if prosecutors can prove he perjured himself on the stand or provided false swearing, Scott said.
Immunity is rarely granted, Scott said, and prosecutors needed permission from state Attorney General John Hoffman for the immunity order. Acting Prosecutor Angelo Onofri requested the immunity order on behalf of the Mercer County Prosecutor’s Office, Scott said.
The trial resumes this afternoon.
Check back later for an updated version of this story.