Free Response to Motion - District Court of Arizona - Arizona

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PAUL K. CHARLTON United States Attorney District of Arizona JOHN R. LOPEZ, IV Assistant U.S. Attorney Two Renaissance Square 40 N. Central Avenue, Suite 1200 Phoenix, Arizona 85004-4408 Arizona State Bar No. 019182 Telephone (602) 514-7500 [email protected]

UNITED STATES DISTRICT COURT DISTRICT OF ARIZONA United States of America, CR-03-1098-PHX-EHC Plaintiff, v. Jeanette B. Wilcher, Defendant. GOVERNMENT'S OPPOSITION TO DEFENDANT'S RENEWED MOTION TO PRECLUDE VIDEOTAPED DEPOSITION OR, IN THE ALTERNATIVE, MOTION TO REDEPOSE CONNIE GILLASPIE

The United States, through undersigned counsel, hereby renews its opposition to Defendant's motion to preclude the introduction of Connie Gillaspie's videotaped deposition, or, in the alternative, to conduct a new deposition prior to trial. On March 15, 2005, this Court denied, without prejudice, Defendant's motion to preclude the government's use of Connie Gillaspie's videotaped deposition at trial. The government submits that the facts and circumstances justifying Ms. Gillaspie's videotaped deposition have not changed. In fact, Ms. Gillaspie's ill health, described in the government's previous filings, has further deteriorated. According to Ms. Gillaspie's niece, who is primarily responsible for Ms. Gillaspie's care, her health has deteriorated significantly since her deposition in December 2004. Specifically, according to Ms. Gillaspie's niece, Ms. Gillaspie is not in a physical condition to travel and her hearing and sight have further deteriorated during the past year. The government is in the process of obtaining a letter from Ms. Gillaspie's physician describing her present physical condition. With respect to Defendant's renewed argument concerning an alleged violation of her Sixth Amendment rights as enunciated in Crawford v. Washington, 124 S.Ct. 1354 (2004), the

Case 2:03-cr-01098-EHC

Document 168

Filed 11/22/2005

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government re-submits its legal arguments set forth in its "Opposition to Defendant's Motion In Limine To Preclude the Use of Ms. Gillaspie's Deposition Testimony," filed with the Court on January 5, 2005. Respectfully submitted this 22nd day of November, 2005. PAUL K. CHARLTON United States Attorney District of Arizona /S/ JOHN R. LOPEZ, IV Assistant U.S. Attorney

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Case 2:03-cr-01098-EHC

Document 168

Filed 11/22/2005

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CERTIFICATE OF SERVICE I hereby certify that on November 22, 2005, I electronically transmitted the attached document to the Clerk's Office using the CM /ECF system for filing and transmittal of a Notice of Electronic Filing to the following CM/ECF registrants: Deborah Euler-Ajayi Asst. Federal Public Defender 850 W . Adams Street, Suite 201 Phoenix, Arizona 85007 Attorney for Defendant / S/ JOHN R. LOPEZ IV

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Case 2:03-cr-01098-EHC

Document 168

Filed 11/22/2005

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