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U.S. v. GIGANTE

No. CR 93-368(JBW).

971 F.Supp. 755 (1997)

UNITED STATES of America v. Vincent GIGANTE, Defendant.

United States District Court, E.D. New York.

July 21, 1997.

Attorney(s) appearing for the Case

Zachary W. Carter, United States Attorney, Eastern District of New York, Brooklyn, NY by Andrew Weissmann, George A. Stamboulidis, Daniel S. Dorsky, for U.S.

Culleton, Marinaccio, & Foglia, White Plains, NY by James J. Culleton, Michael A. Marinaccio, Philip Foglia; Steven R. Kartagener, New York City, for Defendant.

MEMORANDUM AND ORDER

WEINSTEIN, Senior District Judge.

This case raises an issue of apparent first impression in the federal courts. A chief witness in this RICO case is too ill to testify in court. He is in the Federal Witness Protection Program, at some distance from this state so that the jury cannot be convened in his presence. It might jeopardize the safety of the witness were the defendant's full counsel staff to be present at the witness' deposition...

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