IN THE UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF CALIFORNIA
June 16, 2009
UNITED STATES OF AMERICA, PLAINTIFF,
MICHAEL KEEHN, DEFENDANT.
ORDER RE STIPULATION FOR DEPOSITION OF WITNESS JOHN HARPER
STIPULATION Plaintiff United States of America, by and through its counsel, Robin R. Taylor, Assistant United States Attorney, and defendant Michael Keehn, by and through his counsel, Joseph Wiseman, Esq., hereby stipulate as follows:
1. Government witness John Harper has been diagnosed with lung and brain cancer would make it very difficult for him to travel to Sacramento to testify as a trial witness.
2. The parties agree that there are exceptional circumstances and it would be in the best interest of justice that the witness be deposed in order to preserve his testimony for use at trial in lieu of his live testimony pursuant to Fed.R.Crim.P. 15(a)(1) and (f).
3. The parties also specifically agree that it is appropriate to take the deposition of the witness and use the deposition at trial in lieu of his live testimony pursuant to Fed.R.Crim.P. 15 (f) and (h).
IT IS SO ORDERED.
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