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UNITED STATES v. GIGANTE

UNITED STATES DISTRICT COURT FOR THE EASTERN DISTRICT OF NEW YORK


July 16, 1997

UNITED STATES OF AMERICA, against VINCENT GIGANTE, Defendant.

The opinion of the court was delivered by: WEINSTEIN

ORDER

 UPON AN APPLICATION BY THE GOVERNMENT, to present at this trial the testimony of Government witness Peter Savino by closed-circuit television, due to his physical illness, and upon having conducted an evidentiary hearing related to that issue on July 16, 1997, and upon having found that the Government has sustained its burden of proof in establishing the propriety of such a procedure, and the defendant having declined a Rule 15 deposition;

 IT IS HEREBY ORDERED, that Savino shall be permitted to testify by closed-circuit television from an undisclosed location known also to the Government, to Philip F. Foglia, Esq., to the Special Master, and to the United States Marshal Service, with the jury being advised that this procedure has been made necessary by Savino's physical infirmity; and

 IT IS FURTHER ORDERED, that the examining attorneys, preferring to conduct their examinations from the courtroom within which this criminal case is now being tried, will do so; and

 IT IS FURTHER ORDERED, that Savino's testimony shall be preserved by the official court reporter and by videotape, with the court reporter's stenographic transcript to be used for any requested readback by the jury during its deliberations, and the written transcript and videotape will be available for appellate review; and

 IT IS FURTHER ORDERED, that the videotape recording of Savino's testimony shall be maintained by this Court under seal; and

 IT IS FURTHER ORDERED, that this Court's clerk, Nicholas R. Turner, is hereby appointed Special Master, with a direction to attend the witness's testimony at the undisclosed location for the purpose of assuring the integrity of the procedure; and

 IT IS FURTHER ORDERED, that one Assistant United States Attorney and one of defendant's counsel, Philip F. Foglia, Esq., shall be permitted to be present at the site from which Savino will be testifying for the purpose of assuring that the procedures employed are in accordance with the requirements of this Court and the defendant's right to confrontation, due process, and a fair trial; and that both counsel shall travel at the expense of the Government, which shall also provide for food and housing; and

 IT IS FURTHER ORDERED, that Mr. Foglia shall not reveal at any time whatsoever the location from which Savino will testify, unless required to make disclosure by an order of this Court; and

 IT IS FURTHER ORDERED, that Mr. Foglia is permitted to telephone the Court or the Marshal's Service at any time so that messages can be transmitted to or from his family or others; and

 IT IS FURTHER ORDERED, that the Marshal's Service is directed, if possible, and if consistent with the needs of the Federal Witness Protection Program, to make available a patched telephone line so that Mr. Foglia may speak live with his wife and children; and

 IT IS FURTHER ORDERED, that it will be a violation of this Court's Order for anyone, other than the persons designated, to attempt to ascertain the location of the site from which Savino will testify; and

 IT IS FURTHER ORDERED, that the role of the Government attorney and defense counsel is solely to observe the proceedings as they occur, and to make known any objections to the Special Master, who is empowered to take whatever lawful steps are necessary to lawfully expedite these proceedings.

 Dated: Brooklyn, New York

 July 16, 1997.

 Jack B. Weinstein

 U.S.D.J.

19970716

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