At the trial of Davis for a murder that occurred in Newtown, the prosecution called Waite, who testified that she saw Davis kill the victim. Davis believed that Waite was 600 miles away in Old Town, engaged in the illegal sale of narcotics, on the day in question. On cross-examination by Davis, Waite was asked whether she had in fact sold narcotics in Old Town on that date. Waite refused to answer on the ground of selfincrimination. The judge, over the prosecutor's objection, ordered that if Waite did not testify, her direct testimony should be stricken. The order to testify or have the testimony stricken can best be supported on the basis that
Waite had not been charged with any crime and, thus, could claim no privilege against self-incrimination.  Waite's proper invocation of the privilege prevented adequate cross-examination. the public interest in allowing an accused to defend himself or herself outweighs the interest of a nonparty witness in the privilege. the trial record, independent of testimony, does not establish that Waite's answer could incriminate her.