U.S. v. MOHAMED, 8:11CR172. (2012)
Court: District Court, D. Nebraska
Number: infdco20120123592
Visitors: 13
Filed: Jan. 20, 2012
Latest Update: Jan. 20, 2012
Summary: ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on the defendant's motion to disqualify a translator as a witness, Filing No. 40. The defendant contends that the government's refusal to identify its translator violates the defendants right to confrontation. The court finds that a balance between considerations of witness safety and the defendant's right to cross examine can be achieved by entering a protective order that allows defense counsel to learn the true name
Summary: ORDER JOSEPH F. BATAILLON, District Judge. This matter is before the court on the defendant's motion to disqualify a translator as a witness, Filing No. 40. The defendant contends that the government's refusal to identify its translator violates the defendants right to confrontation. The court finds that a balance between considerations of witness safety and the defendant's right to cross examine can be achieved by entering a protective order that allows defense counsel to learn the true name o..
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ORDER
JOSEPH F. BATAILLON, District Judge.
This matter is before the court on the defendant's motion to disqualify a translator as a witness, Filing No. 40. The defendant contends that the government's refusal to identify its translator violates the defendants right to confrontation. The court finds that a balance between considerations of witness safety and the defendant's right to cross examine can be achieved by entering a protective order that allows defense counsel to learn the true name of the witness, but prohibits defense counsel from disclosing the identity to others. See, e.g., United States v. El-Mezain, ___ F.3d ___, ___, 2011 WL 6058592, *8-*12. (5th Cir. Dec. 27, 2011). Accordingly,
IT IS ORDERED:
1. The government shall disclose the true name of the translator to defense counsel Jessica Douglas.
2. Defense counsel Jessica Douglas shall not disclose the name of that witness to others, including the defendant.
Source: Leagle
