Wahls, P.J.
Following a jury trial in the Iosco Circuit Court, defendant, John Douglas Loyer, was convicted of second-degree murder, MCL 750.317; MSA 28.549, for the killing of his nineteen-year-old wife, Helen Ann Loyer. Three months later, in June, 1984, he was sentenced to a term of thirty to fifty years imprisonment. Defendant appeals as of right and we affirm, although in doing so we declare unconstitutional a statute in the Code of Criminal Procedure concerning the payment of subpoena fees by the government on behalf of indigent defendants, MCL 775.15; MSA 28.1252.
Defendant’s conviction arises from events which [108]*108occurred on May 9, 1978, at the Oscoda residence of defendant and his wife, the victim in this case. Defendant was not arrested for the offense until 1983, and his trial did not begin until February, 1984.
The record reveals that on May 9, 1978, at 4:42 p.m., Shirley Scharich, a police dispatcher, received a telephone call from Albert Pirkl requesting that police officers and an ambulance be sent to defendant’s home. Defendant himself told Scharich that his wife had been "tied up, beaten, and raped.” As a result, Scharich immediately dispatched officers and an ambulance. Pirkl testified that on May 9, 1978, he was near defendant’s residence when defendant approached him and stated that his wife had been beaten and raped and perhaps was not breathing. Pirkl called the police. He then accompanied defendant inside defendant’s home and observed the victim lying on a bed. First, Pirkl unsuccessfully tried to detect the victim’s pulse. When he extended the victim’s neck in an attempt to administer cpr, her feet raised out of the bed, and Pirkl realized that she was dead and stiff.
Several other witnesses testified for the prosecution. Dianne Brown, apparently a neighbor of defendant, stated that sometime after 4:00 p.m. on May 9, 1978, she heard a scream and then observed a red car leaving the area. Marjorie Bevens, the victim’s mother, testified that her daughter intended to join the U. S. Air Force and that, whenever she discussed this intention in defendant’s presence, defendant exhibited "nasty looks.” Mrs. Bevens also testified that her ex-husband had previously been found not guilty, by reason of self-defense, of killing her brother, and that one or two weeks after the death of her daughter, defendant asked her how her ex-husband "got off” for killing her brother. Angel Ponce, who shared a room with [109]*109defendant for a period of time, testified that one day during the winter of 1981 or 1982, he noticed that defendant was crying, and consequently asked him what was wrong. According to Ponce, defendant responded that he had killed his wife. Specifically, Ponce stated defendant told him that one day when he returned home for lunch, he tied up his wife with a rope, made love to her, and then killed her by way of suffocation.
Michael John Cleary, one of defendant’s coworkers at the time of the killing, testified that, on the date of the victim’s death, defendant seemed more rushed or nervous than usual. After lunch, defendant returned to work with the buttons missing from his shirt. A couple of weeks later, the two men were at a party together, drinking beer and smoking marijuana, and defendant said that "as soon as he got out of this he was going to get a new car and cruise.” Another co-worker, Danny Myus, stated that approximately one week after the victim’s death, when he saw defendant leaning against his car, he patted defendant on the back and inquired about what he was thinking. Myus related that defendant responded, "I’m thinking about something I’d done earlier that I didn’t want to do, you know what I mean, Danny . . . .” After Myus acknowledged to defendant that he knew what he meant, he further inquired about what defendant was going to do, and defendant replied, "I’m going to wait until the last minute, and if they think I done it, I’m going to run.” In addition, Stuart Popielarski, who lived with defendant during November, 1978, in Detroit, testified that, when he asked defendant whether he had killed his wife, defendant responded, "there are some things a man can never tell.” On other occasions, defendant told Popielarski that he had to stay one step ahead of the law, that he could not be [110]*110"nailed” for "her” murder,! that he had "out-slicked” the police, and that hie could not return to the AuSable area because a man cannot return to the scene of a crime. Popielarski also stated that defendant informed him that he was angry that his wife intended to join the Air Force and that on May 9, 1978, he had had anal and vaginal intercourse with the victim while she was tied up. While Popielarski asserted that defendant told him that he had used a pillow to muffle the victim’s screams, he acknowledged on cross-examination that defendant had also told him that someone must have broken into his home and smothered his wife.
Kevin Rozanek, a friend of defendant in 1979, testified that defendant said that he had tied his wife to the bed, put a pillow over her head, and killed her. Kevin Moors, who knew defendant in 1981, stated that defendant told him that he had suffocated his wife, but that he did not mean to do so. Marc Sivrais, a friend and co-worker of defendant, stated that, when he expressed his sorrow to defendant on the death of his wife approximately one and one-half weeks after the incident, defendant stated that he did not "regret it a bit” and that his wife "got what she deserved.”
Larry Weddel, a police officer with the Oscoda/ AuSable Township Police Department, testified that he was dispatched to defendant’s home on May 9, 1978, by Shirley Scharich. He stated that there were abrasions on the victim’s hip and elbow and that there were rope marks on her wrists and ankles. Her body was naked below the waist and was clothed in a beige blouse and a brassiere that was inside out. Detective Lieutenant Raymond Knuth, also of the Oscoda/AuSable Police Department, stated that the only identifiable fingerprints obtained from the residence where Helen Loyer’s [111]*111body was found belonged to either the victim or defendant. Richard Bisbing, a civilian employee in the crime laboratory of the Michigan State Police, testified that a vaginal swab taken from the victim contained semen.
James Jacques, M.D., a physician in general practice and the medical examiner for Iosco County who pronounced the victim dead at 6:15 p.m. on May 9, 1978, stated that he observed marks around the victim’s wrists and ankles indicating that they had been tied. He opined that the victim had been suffocated and had been dead for eight to twelve hours prior to when he saw her at 6:15 p.m. William DeYoung, M.D., a physician specializing in forensic pathology and who performed an autopsy on the victim on May 10, 1978, stated that he, too, observed the binding or rope marks on the victim’s wrists and ankles and opined that the victim had been suffocated. His opinion was that the victim had been dead for six to twelve hours before 6:15 p.m. on the day of her death.
After the prosecution rested, defendant presented his proofs. Ronald Hines, M.D., a pathologist, after reviewing the victim’s postmortem examination report, opined that an exact answer as to the time of the victim’s death could not be given. Two of defendant’s friends, Gary Cox and Cindy Cox, and defendant’s sister, Brenda Forsythe, testified that defendant and the victim appeared to be happy together, that defendant’s behavior did not indicate that he did not want his wife to join the Air Force, and that defendant never admitted to them any participation in the killing of the victim. John Kloss, with whom defendant lived for three weeks, stated that defendant told him that his wife had been killed by gunshot and that he had loved her. He also testi[112]*112fied that prosecution witness Kevin Moors does not have a very good reputation for honesty and truthfulness.
Finally, defendant testified in his own behalf. He asserted that he had never tied up his wife, whom he had married on Valentine’s Day, 1977, and that he thought it was "great” that she wanted to enter the Air Force. On May 9, 1978, he stated, he went to work in the morning and came home for lunch. After eating lunch, he changed his shirt, told his wife he loved her, kissed her, and returned to work. After work, at 4:30 P.M., defendant came home. However, since the door was locked and his knocks went unanswered, he climbed through a bedroom window. In the bedroom, his wife was lying on the bed, motionless and without a pulse. He then ran for help and asked a neighbor to telephone the police. When the police were contacted, he requested that they come to his residence because his wife "had been raped, robbed, and murdered.” He denied ever having told anyone that he killed his wife and denied having killed her.
On appeal, defendant raises four issues. First, he argues that he was denied his right to compulsory process by the trial court’s refusal to compel certain out-of-state witnesses to attend the trial.
An accused in a criminal prosecution has the right to compulsory process for obtaining witnesses in his favor. US Const, Am VI. This right is applicable to the states through the Fourteenth Amendment. Washington v Texas, 388 US 14, 17-18; 87 S Ct 1920; 18 L Ed 2d 1019 (1967). The Michigan Constitution similarly guarantees an accused in a criminal prosecution the right to compulsory process of witnesses in his favor. Const 1963, art 1, § 20. However, a criminal defendant’s right to compulsory process is not absolute, and [113]*113the constitution does not grant the right to subpoena any and all witnesses a party might wish to call. United States v Wilson, 732 F2d 404, 412 (CA 5, 1984), cert den 469 US 1099; 105 S Ct 609; 83 L Ed 2d 718 (1984); United States v Espinoza, 641 F2d 153, 159 (CA 4, 1981), cert den 454 US 841; 102 S Ct 153; 70 L Ed 2d 125 (1981).
The uniform act to secure the attendance of witnesses from without a state in criminal proceedings provides, in pertinent part:
If a person in a state, which by law provides for commanding persons within its borders to attend and testify in criminal prosecutions, or grand jury investigations commenced or about to commence, in this state, is a material witness in a prosecution pending in a court of record in this state, or in a grand jury investigation which has commenced or is about to commence, a judge of the court may issue a certificate under the seal of the court stating these facts and specifying the number of days the witness will be required. The certificate may include a recommendation that the witness be taken into immediate custody and delivered to an officer of this state to assure his attendance in this state. This certificate shall be presented to a judge of a court of record in the county in which the witness is found. [Emphasis added. MCL 767.93(1); MSA 28.1023(193)(1).]
A trial court’s decision under this statute is left to its discretion and will not be reversed absent an abuse of discretion. People v Williams, 114 Mich App 186, 201; 318 NW2d 671 (1982), lv den 422 Mich 909 (1985). In Williams, this Court commented on the issue of first impression in Michigan regarding the quantum of evidence required to invoke the statute:
In Lancaster v Green, 175 Ohio St 203; 192 [114]*114NE2d 776 (1963), defendant’s petition requesting the attendance of witnesses did not specify the exact location of the witnesses. The court ruled that a defendant must be able, with a reasonable degree of certainty, not only to designate the witness but also the witness’s exact location before the court would be required to initiate the complex judicial process required by the act. Id., 205. Furthermore, the petition must be made in a timely manner. See Commonwealth v Dirring, 354 Mass 523; 238 NE2d 508 (1968). Finally, the defendant must make out a prima facie case that the witness’s testimony is material. Id., 526, Commonwealth v Edgerly, 6 Mass App 241; 375 NE2d 1 (1978). [114 Mich App 201.]
In this case, defendant contends that the trial court improperly refused to exercise its compulsory process powers regarding three individuals, namely, Marlene Mischley, Charles Newman, and Sharon Newman. We do not believe that defendant made out a prima facie case that the testimony of these individuals was "material.” See 44 ALR2d 732, § 1, p 733. Accordingly, we affirm the decision of the trial court on this issue.
Defendant claimed that Marlene Mischley, who apparently lived in California at the time of the trial, was a material witness because she may have been in the presence of Stuart Popielarski and defendant when statements were made by defendant to Popielarski regarding the victim’s death. Defendant also argued that Mischley could testify to Mr. Popielarski’s credibility. As evidence of this, Mischley’s statement to the police was introduced as an exhibit during the hearing on defendant’s motion. Mischley’s statement indicates that defendant never told her anything regarding the victim’s death and that defendant spent time with Popielarski when Mischley was working. Mischley was, however, present when one Joyce [115]*115Perez asked defendant if there was anything that he had ever done that no one knew about. Defendant’s response was that he had done something about which he would never tell anyone.
Thus, Mischley apparently knew nothing about the circumstances of the crime and never spoke to defendant about them. According to her police statement, she "did not know [defendant] for very long nor did she get to know him very well.” The one conversation overheard by Mischley between defendant and Joyce Perez was not shown to have been made in the context of a discussion concerning the victim’s death. Moreover, this information, if made in such a context, does not particularly favor defendant. In addition, even if Mischley’s testimony could bear on Popielarski’s credibility, that alone does not elevate Mischley to the status of being a material witness for purposes of the relevant compulsory-process statute. Therefore, we conclude that the trial court did not abuse its discretion in refusing to compel the attendance of Marlene Mischley at defendant’s trial.
Defendant also sought to compel the attendance of Charles Newman as a material, out-of-state witness. Mr. Newman and his wife, Sharon Newman, who apparently lived in Tennessee at the time of the trial, were neighbors of defendant on the date of the incident. Mr. Newman’s statement to the police, which was admitted as an exhibit at the hearing, indicates that he thought he saw the victim standing in the window of her home on May 9, 1978, at approximately 11:20 A.M., although he was uncertain because he was "on a drunk.” Defendant claims that this contradicts the prosecutor’s theory that defendant killed the victim before he went to work in the morning. However, Mr. Newman was also contacted by the police on October 7, 1983, when he explained that [116]*116on May 9, 1978, he was at home between 7:00 a.m. and 8:00 a.m. and then left for most of the day, having gone out "bar-hopping” with his friends. He explained that it could have been May 7 or 8, 1978, when he thought he saw the victim standing in the window and that perhaps he did not see her at all on the day of her death. Again, Mr. Newman knew of no specific facts regarding the victim’s death and never conferred with defendant about the event. Indeed, he could not, apparently, even recall whether he saw the victim on the day of her death. Under these circumstances, we cannot conclude that the trial court abused its discretion in concluding that Mr. Newman was not a material witness.
Finally, we also do not detect an abuse of discretion in the trial court’s refusal to compel the attendance of Sharon Newman. She merely saw defendant’s car outside his home at lunch time on May 9, 1978.
Second, defendant argues on appeal that the trial court erred by permitting the prosecutor, over defense objections, to elicit defendant’s opinion during cross-examination that certain prosecution witnesses were "liars.” The prosecution, on the other hand, argues that defendant himself initiated this line of questioning during his direct examination by specifically refuting the prosecution witnesses’ testimony.
We reject the prosecution’s argument that defendant initiated this line of questioning. On direct examination of defendant, defendant never referred to the prosecution witnesses as "liars,” nor did he give an opinion concerning the witnesses’ credibility. Rather, he simply denied that he had told the witnesses the damaging statements they said he had told them. Moreover, the Supreme Court, in People v Buckey, 424 Mich 1, 17; 378 [117]*117NW2d 432 (1985), has agreed with this Court that it is improper for a prosecutor to ask a defendant to comment on the credibility of prosecution witnesses since a defendant’s opinion on such a matter is not probative and credibility determinations are to be made by the trier of fact. However, although it was erroneous to permit the prosecutor to question defendant in this case concerning his assessment of the credibility of certain prosecution witnesses, we find that the error is harmless. The Buckey Court, in coming to a conclusion that a similar error in that case was harmless, stated:
This was not a case where the defendant might have been prejudiced by improper bolstering of the credibility of prosecution witnesses or by ¿lowing an opinion on his guilt or credibility to be expressed. Concededly, the prosecutor’s strategy was to discredit defendant by inviting him to label prosecution witnesses "liars.” However, the substance of the exchange indicates that defendant dealt rather well with the questions. We fail to discern how he was harmed by the questions. [424 Mich 17.]
Our review of the record discloses that, as with the defendant in Buckey, the defendant in this case "dealt rather well with the questions.” When asked whether each of seven prosecution witnesses lied on the witness stand regarding whether defendant had told them the statements they asserted in court that he had told them, defendant was adept at clarifying that the witnesses, if not lying, at least had misunderstood him, had forgotten what exactly defendant had actually said, or were faulty in their recollection of the time at which the purported statements were made. We note that, in accordance with the discussion in Buckey, the trial court in this case should have stopped [118]*118this line of questioning, given a cautionary instruction, and precluded comment about the matter by the prosecutor in his closing argument. 424 Mich 17-18. Nevertheless, in light of our perception of defendant’s success in responding to the prosecutor’s improper questions, we decline to deem the error harmful and thus cannot premise a reversal of defendant’s conviction on this issue alone.
Third, defendant argues that he was improperly denied by the trial court a dismissal of the charge against him in view of the excessive lapse of time, being more than five years, between the reception of the evidence and the issuance of a complaint. Defendant asserts that this lengthy delay deprived him of due process. We disagree.
In People v Hernandez, 15 Mich App 141, 147; 170 NW2d 851 (1968), this Court enunciated a tripartite test to be applied in cases questioning whether a prearrest delay violated a defendant’s right to procedural due process. Under that test, if the prosecution failed to establish any of the three prongs of the test, i.e., that the delay was not explainable, was deliberate, or resulted in undue prejudice to the defendant, then a due process violation was discernible. When the Hernandez test was reevaluated in People v Bisard, 114 Mich App 784; 319 NW2d 670 (1982), in light of federal court decisions issued after the release date of the Hernandez opinion, this Court adopted the following balancing test:
[W]e hold that, once a defendant has shown some prejudice, the prosecution bears the burden of persuading the court that the reason for the delay is sufficient to justify whatever prejudice resulted. This approach places the burden of coming forward with evidence of prejudice on the defendant, who is most likely to have facts regarding prejudice at his disposal. The burden of persua[119]*119sion rests with the state, which is most likely to have access to facts concerning the reasons for delay and which bears the responsibility for determining when an investigation should end. [114 Mich App 791.]
This balancing test has often been applied in post-Bisard cases. See, e.g., People v Betancourt, 120 Mich App 58, 63; 327 NW2d 390 (1982), lv den 417 Mich 874 (1983), People v Evans, 128 Mich App 311, 314; 340 NW2d 291 (1983), People v Vargo, 139 Mich App 573, 578-580; 362 NW2d 840 (1984), People v Dungey, 147 Mich App 83, 85-88; 383 NW2d 128 (1985), and People v Shelson, 150 Mich App 718, 726-727; 389 NW2d 159 (1986), lv den 426 Mich 862 (1986).
The offer of proof made by defendant in the trial court on this issue demonstrates that defendant failed to carry his burden to show some prejudice. Throughout the proceeding, defendant largely focused on the alleged inadequacy of the police investigation and not specifically on prejudice resulting from the prearrest delay. The primary reference to prejudice was made by a witness employed as a private investigator by the defense who testified that the "approximately eight witnesses” he had spoken to had "stated in one way or one fashion or another they could not remember the events I was asking them about.” However, the particular events not remembered were not disclosed, the identities of the eight witnesses were not revealed, and no testimony regarding the nature of the alleged prejudice was adduced. The mere fact that a defense investigator spoke to several witnesses whose memories were not perfect concerning "the events that [he] was asking them about,” whatever those events may have been, does not alone establish prejudice to a defendant on the issue of prearrest delay.
[120]*120A defendant shoulders the burden of coming forward with evidence of prejudice. Until he does so, the prosecution’s burden — to persuade the court that the delay was justified in the face of any resulting prejudice — is not triggered. The imperfection of a witness’ memory may be exposed to the trier of fact during direct or cross-examination and may be emphasized to buttress or undermine credibility. If such absence of memory by a defendant’s material witnesses due to a lengthy prearrest delay seriously impedes or significantly hinders a defendant in presenting his case, prejudice, of course, would be shown, and the prosecution would be required to demonstrate how that prejudice was justified by the prearrest delay. In this case, however, no such impediment or hindrance was manifest. Moreover, we decline to accept defendant’s assertion on appeal that "the exceptionally long delay in the present case should itself raise a strong inference of prejudice.” Without specific references to instances of prejudice-generating occurrences, and without specific allegations of actual prejudice resulting therefrom, the prosecution would be at an insuperable disadvantage indeed in attempting to show how such unspecified prejudice was in fact justified. We will not put the cart before the horse.
Finally, defendant argues that he was denied his constitutional right to equal protection by the required disclosure to the prosecution of the names of certain proposed witnesses and the substance of their expected testimony in order to secure payment of subpoena fees at the state’s expense. In essence, defendant contends that the statute providing for the payment of subpoena, and witness fees for an indigent defendant otherwise unable to pay such fees is unconstitutional. We agree.
[121]*121The statute regarding payment of subpoena and witness fees for indigent defendants provides:
If any person accused of any crime or misdemeanor, and about to be tried therefor in any court of record in this state, shall make it appear to the satisfaction of the judge presiding over the court wherein such trial is to be had, by his own oath, or otherwise, that there is a material witness in his favor within the jurisdiction of the court, without whose testimony he cannot safely proceed to a trial, giving the name and place of residence of such witness, and that such accused person is poor and has not and cannot obtain the means to procure the attendance of such witness at the place of trial, the judge in his discretion may, at a time when the prosecuting officer of the county is present, make an order that a subpoena be issued from such court for such witness in his favor, and that it be served by the proper officer of the court. And it shall be the . duty of such officer to serve such subpoena, and of the witness or witnesses named therein to attend the trial, and the officer serving such subpoena shall be paid therefor, and the witness therein named shall be paid for attending such trial, in the same manner as if such witness or witnesses had been subpoenaed in behalf of the people. [Emphasis added. MCL 775.15; MSA 28.1252.]
Defendant filed a motion for approval of the issuance of subpoenas for defense witnesses without requiring disclosure of the witnesses’ names or of their expected testimony. At a hearing conducted on the motion, the trial court refused defendant’s request of nondisclosure after studying in camera a document prepared by defendant setting forth the names of nineteen proposed defense witnesses and the expected nature of their testimony. After the prosecutor was given a copy of defendant’s document, he explained that he had [122]*122no objection to the witnesses’ being subpoenaed by the court and to the state’s being responsible for payment of fees, noting, "we do not want to create an issue on appeal as to whether or not the state interfered with the defendant’s right to conduct his defense.”
A defendant who is able to pay for service of process upon his witnesses and for their witness fees need not reveal, in the presence of "the prosecuting officer of the county,” the number of witnesses he intends to call, the identities of the witnesses he intends to call, or the prospective testimony of the witnesses he intends to call. Nevertheless, a poor defendant who cannot obtain the means to procure the attendance of witnesses is forced to make such disclosures in order to establish their materiality to his case as required by the statute regarding payment of subpoena fees for indigent defendants. The constitutionality of that statute was questioned by this Court in People v Thornton, 80 Mich App 746, 752-573; 265 NW2d 35 (1978), in light of the analogous federal rule and federal cases. In dictum, the Thornton panel observed:
The Federal Rules of Criminal Procedure, Rule 17(b), formerly contained a provision very similar to the Michigan statute [MCL 775.15; MSA 28.1252] as interpreted by the judge in this case. The rule was amended in 1966 to allow defendants to apply for witness fees ex parte, i.e., without revealing names and testimony to the prosecution. Cases commenting on the amendment indicate that the rule was changed because of the disturbing equal protection problem evident on the face of a rule which would require indigents to disclose their defense theory to the prosecution while not requiring similar disclosure from defendants who are able to pay their own fees. See United States v Meriwether, 486 F2d 498 (CA 5, 1973), United [123]*123States v Barker, 553 F2d 1013 (CA 6, 1977). For a general discussion of the Federal rule and the impetus behind the 1966 changes, see 1 Wright, Federal Practice and Procedure (1969), Chapter 5, §272, pp 539-544. These constitutional problems could be avoided on retrial in the present case if the trial judge accepts the defendant’s offer to submit the names of the witnesses and outlines of their testimony for in camera inspection. This procedure would be similar to the ex parte practice now followed in the Federal courts. [80 Mich App 752-573.]
See also United States v Brown, 535 F2d 424, 428-429 (CA 8, 1976), Thor v United States, 574 F2d 215, 221-222 (CA 5, 1978), and United States v Espinoza, supra, 157-159.
The Michigan statute, like the pre-1966 federal rule, subjects an indigent defendant’s case to the pretrial scrutiny of the prosecutor, thus potentially exposing defendant’s defense to prosecutorial review when a monied defendant’s defense would remain inviolate. Clearly, the pretrial revelation of the names, number, and expected testimony of a defendant’s witnesses might be of significant tactical advantage to the prosecution. First, as noted by defendant, "It is simply a reflection of the truth known by every litigator: the more known of the opposing side’s case, the better.” Second, such disclosure could lead the prosecution to emphasize certain evidence in anticipation of contrary evidence to be presented by defendant. Third, it could lead the prosecution to deemphasize, or to omit, certain evidence in anticipation of damaging impeachment evidence to be presented by defendant. Moreover, it could help the prosecution during voir dire and in structuring its opening statement. Indeed, if the theory of a defendant’s defense is revealed to the prosecution prior to trial, it seems [124]*124likely that the prosecution could fashion its strategy as to best discredit and undermine that revealed defense. When such an advantage is to be reaped by the prosecution only when the defendant is poor and therefore cannot afford to pay the service-of-process and witness fees of his witnesses, it seems undeniable to us that such a defendant is not the recipient of equal justice under law. As declared in the landmark case of Griffin v Illinois, 351 US 12, 19; 76 S Ct 585; 100 L Ed 891 (1956): "There can be no equal justice where the kind of trial a man gets depends on the amount of money he has.” A defendant’s attempts, in the presence of a prosecuting officer, to establish the materiality of the witnesses he cannot afford to obtain for trial might very well make the prosecution privy to his defense. Thus, the quality of his defense, and hence the quality of his trial, depends upon the amount of money he has to pay service-of-process and witness fees. Accordingly, to the extent that the statute mandates that a poor defendant requesting the payment of service-of-process and witness fees for proposed defense witnesses must reveal, in the presence of the prosecution, the names and addresses of the witnesses, as well as why such witnesses are material to his cause, we hold that the defendant’s constitutional right to equal protection is violated. The purpose of the statute is to protect public funds by assuring that no frivolous use of compulsory process by indigents occurs. This purpose, however, does not require the presence of the prosecution when a trial court decides whether an indigent defendant is entitled to payment of service-of-process and witness fees, and this is particularly the case when, in an attempt to establish such entitlement, the defendant is essentially forced to divulge the theory of his case prior to trial. We are confident that trial [125]*125judges alone serve as adequate safeguards against the payment of state-paid subpoena fees for the nonmaterial witnesses, or for the frivolous purposes, of a poor defendant. Indigent defendants should not be forced to obtain from the state the payment of the subpoena-related fees of their witnesses only at the price of their pretrial revelation to the prosecution of anticipated trial strategy.
The error in this case which resulted from the presence of the prosecutor at defendant’s motion for payment of service-of-process and witness fees for his nineteen proposed witnesses, however, we find to be harmless. The five witnesses, excluding defendant himself, who testified during defendant’s case in chief were Ronald Hines, M.D.; Brenda Forsythe; Cindy Cox; Gary Cox; and John Kloss. Of these five, only the last three were listed in defendant’s proposed witness list of nineteen witnesses. Of these three, Cindy Cox and Gary Cox were listed as alibi witnesses in defendant’s notice of alibi filed prior to his motion for witness fees, and had already been served. Thus, the only witness whose name or testimony was perhaps not known to the prosecution at the time of the motion for subpoena fees and who testified at trial was John Kloss, who was described in defendant’s list of nineteen witnesses as a character witness. Mr. Kloss’s testimony on direct examination fills little more than one page of the voluminous trial transcript. He merely stated that defendant had lived with him for three weeks, had told him that his wife had been fatally shot, and that witness Kevin Moors had a bad reputation for honesty and truthfulness. We fail to perceive, and on appeal defendant fails to show us, how defendant was prejudiced by the prosecution’s foreknowledge merely of Kloss’s testimony. In addition, since none of the other remaining witnesses on defendant’s list ulti[126]*126mately testified, we fail to perceive how the prosecution could have learned anything of value from the revelation of the information on the list. Indeed, if the prosecution shaped its case around the expected testimony of the remaining witnesses, defendant may have been benefited since those witnesses never in fact testified.
Having found no error requiring reversal on the issues raised by defendant on appeal, we affirm his conviction for the second-degree murder of his wife, Helen Ann Loyer, by means of suffocation.
Affirmed.
R. M. Mahek, J., concurred.