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IN RE ERATO

No. 1271, Docket 93-6121.

2 F.3d 11 (1993)

In re Subpoena Issued to Mary ERATO Pursuant to a Request of the Netherlands Pursuant to the Treaty Between the United States of America and the Kingdom of the Netherlands on Mutual Assistance in Criminal Matters and 28 U.S.C. § 1782 in the Matter of John Michele Erato and Victoria Erato-Aeillo, UNITED STATES of America, Petitioner-Appellee, v. Mary ERATO, Witness-Appellant, John Michele Erato and Victoria Erato-Aeillo, Respondents.

United States Court of Appeals, Second Circuit.

Decided August 4, 1993.

Attorney(s) appearing for the Case

Gary G. Becker, New York City (Gerald B. Lefcourt, Sheryl E. Reich, Lefcourt & Dratel, on the brief), for witness-appellant.

Ilene Jaroslaw, Asst. U.S. Atty., Brooklyn, NY (Zachary W. Carter, U.S. Atty., Peter A. Norling, Asst. U.S. Atty., on the brief), for petitioner-appellee.

Before: NEWMAN, Chief Judge, VAN GRAAFEILAND and ALTIMARI, Circuit Judges.

JON O. NEWMAN, Chief Judge:

This appeal presents the issue whether a district court can compel a person to testify through a grant of use immunity where the testimony is requested by a foreign country, pursuant to a treaty, for use in a criminal prosecution in that country. Additionally, this appeal requires us to consider whether the treaty permits assertion of a foreign parent-child privilege and whether we will recognize a domestic parent-child privilege. These...

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