Stipulation for Witness Joseph Galantino to Be Permitted to Testify Through Live Video Teleconference

LLOYD D. GEORGE, Senior District Judge.

The United States of America, by and through its counsel Kathryn C. Newman, Assistant United States Attorney, and Eric C. Schmale, Department of Justice Trial Attorney, and defendant Jeffrey Nowak, and defendant's counsel, Jeffrey B. Setness, hereby STIPULATE and propose that witness Joseph Galantino be permitted to testify through live video teleconference. Mr. Galantino lives in Baltimore and is now over 80 years' old, with a variety of health problems including gout, hypertension, diabetes, and atherosclerotic vascular disease. He has not flown on a plane in more than five years, and is the sole caretaker of his spouse. Mr. Galantino's physician has submitted a letter (attached hereto as Exhibit A) stating that Mr. Galantino's needs could be appropriately accommodated through live video testimony. Under the circumstances, the government and defendant agree that it would be appropriate to permit Mr. Galantino to testify through live video teleconference from the federal district court in Baltimore, the nearest federal court to where Mr. Galantino lives.

Defendant has been advised that the Confrontation Clause of the Sixth Amendment gives a criminal defendant the right "to be confronted with the witnesses against him" and that "the Confrontation Clause reflects a preference for face-to-face confrontation," but that this preference "must occasionally give way to considerations of public policy and the necessities of the case." Maryland v. Craig, 497 U.S. 836, 849 (1990); see also United States v. Sapse, 2012 WL 5334630, at *2 (D. Nev. Oct. 26, 2012) (allowing video teleconference testimony relying on Maryland v. Craig). After being advised of his right to confront witnesses, the defendant knowingly waives that right as to Mr. Galantino.

The Proposed Video Teleconference Procedure

The government proposes and the defense has no objection as to Mr. Galantino testifying from the District of Maryland in Baltimore, the nearest location to Mr. Galantino's residence. The United States understands that the Court has the ability to arrange for video teleconference testimony with other United States District Courts around the country. The witnesses' testimony would then be projected onto screens in the courtroom here for observation by the parties, Court and jury.

For purposes of preserving the defendants' Confrontation Clause rights, the witness' testimony would be elicited as if they were sitting in the courtroom in Las Vegas:

The parties are amenable to any additional procedures that the Court may impose to facilitate live video teleconference testimony.

Conclusion

For the foregoing reasons, the parties respectfully request that this Court enter an Order reflecting the parties' stipulation to introduce the testimony of Joseph Galantino through Video Teleconference during trial.

ORDER

IT IS SO ORDERED.

Exhibit A

Dear Attorney Newman:

I have been asked by Mr Joseph G Galantino, to write a letter on his behalf explaining his current health status. He currently suffers from the following medical problems: Gout, Hypertension, Type 2 Diabetes, & Atherosclerotic Vascular Disease. He has not flown on an airplane in more than 5 years and is the caretaker of his spouse.

Your request for him to travel to Las Vegas, NV from Baltimore, MD would present an undo hardship to his family responsibilities, plus due to his above medical problems could cause worsening of his above medical condition due to the stress of travel for this 81 year old gentlemen.

He is capable of testifying as a witness as he has good command of his mental faculties and continues to work part time in his accounting practice. I would respectfully ask that if you need him as a witness for your case that you could accommodate your needs with some form of video conferencing or other means to avoid the need for him to travel at his age alone to Las Vegas.

Thank you fo our consideration,