PROVIDENCE, R.I. (WPRI) – A New Hampshire man has been promised immunity from any potential criminal charges if he testifies in the video voyeurism trial of former State Sen. Nicholas Kettle.
Zachary Brennan, 27, of Springfield New Hampshire, was named in an order “granting immunity” signed Monday by Alice Gibney, the presiding justice of the Rhode Island Superior Court.
The order is to compel Brennan to testify in the Kettle case without allowing him to invoke his Fifth Amendment rights against self-incrimination.
“It is the opinion of the Attorney General that should Zachary Brennan be compelled to answer questions related to this investigation and prosecution, he shall not be incriminated in any other jurisdiction,” the court order states. “The witness may not refuse to comply with the order on the basis of [his] privilege against self-incrimination.”
It goes on to say while Brennan won’t be prosecuted for what is revealed in his testimony, but he can be charged with perjury “or contempt committed in answering or failing to answer” questions during the trial.
Kettle, 28, of Coventry, has pleaded not guilty to 10 counts of video voyeurism, accused of secretly taking pictures of his then-girlfriend in 2018 and texting the images to Brennan.
Prosecutors say in exchange, Brennan sent explicit images of his wife, who is blind, according to testimony Tuesday.
Kettle was also indicted in a separate case, charged with two felony counts of extortion and blackmail.
He is accused of extorting sex from a male page in 2011, when Kettle was a freshman lawmaker.
Kettle has pleaded not guilty and the case is still pending in superior court.