Wilson
United States v. Wilson
Opinion
Opinion
Jensen, J.
ORDER
On January 13, 1999, the Court heard argument on the government’s motion to admit under Federal Rule of Evidence 804(b)(1) the deposition of Guillermo Diaz, taken on May 8, 1992 by the defense in a civil forfeiture action. Steven F. Gruel and Stephen H. Jigger appeared on behalf of the United States; Elliot R. Peters and Daralyn G. Du-rie appeared for defendant Stephen Wilson. Having considered the arguments of counsel, the papers submitted, the applicable law, and the record in this case, the Court hereby DENIES the motion.
I. BACKGROUND
A. Factual Background and Procedural History
Stephen Wilson is pending trial in this Court on a conspiracy charge of drug trafficking. The chief witness against him is an alleged accomplice in the conspiracy, Guillermo Diaz. Diaz is now in Mexico and is beyond the subpoena power of the Court. Upon his refusal to voluntarily return to this country to testify at trial, the Court granted the government’s request to take his deposition in Mexico pursuant to Federal Rule of Criminal Procedure 15. All the necessary parties, including defendant and his attorney, traveled to Mexico but no deposition was obtained as Diaz was permitted under…