United States v. Ausmeier

ABRUZZO, District Judge.

This is a motion for an order permitting the defendants to take the testimony of three witnesses now alleged to be in Germany, to wit, Hans Thomsen, Friedhélm Draeger and Hans Vogel, by deposition on the ground that they are unable to attend the trial of this case. The defendants further ask that the order provide that all expenses for the taking of these depositions be paid for by the Government.

The depositions are sought to be taken under Rule 15 of the Federal Rules of Criminal Procedure which provides that, if it appears that a prospective witness may be unable to…