United States v. Conner

Summary

The United States District Court for the District of Columbia grants the government’s amended motion under Federal Rule of Criminal Procedure 15 to depose a DNA laboratory scientist before trial. The court finds exceptional circumstances based on the materiality of the witness’s DNA-amplification testimony and the substantial likelihood that visa-related circumstances will prevent her trial attendance, while reserving admissibility issues for trial.

Holdings

1. The government established materiality because Sowemimo's testimony concerning DNA amplification was not duplicative of the anticipated testimony of other witnesses and could allow the defense to challenge the reliability of the government's DNA evidence.
2. The government established a substantial likelihood that Sowemimo would be unavailable to testify at trial.
3. The interest of justice did not require denying the Rule 15 deposition, because the court could address discovery, impeachment, expert-qualification, and admissibility concerns through conditions and later pretrial rulings.

Questions Presented

1. Whether the government established exceptional circumstances under Federal Rule of Criminal Procedure 15(a)(1) by showing that Sowemimo's proposed testimony was material.
2. Whether the government established that Sowemimo was unavailable for purposes of Rule 15(a)(1), based on the substantial likelihood that she would not be able to return to the United States for trial.
3. Whether the interest of justice, including discovery, impeachment-material, expert-qualification, and Confrontation Clause concerns, required denial of the deposition motion.

Disposition

other