From Casetext: Smarter Legal Research

U.S. v. Ionia Management S.A

United States District Court, D. Connecticut
Jul 20, 2007
Case No. 3:07cr134 (JBA) (D. Conn. Jul. 20, 2007)

Opinion

Case No. 3:07cr134 (JBA).

July 20, 2007


ENDORSEMENT ORDER ON MOTIONS FOR RELEASE [DOCS. ## 19, 28, 41]


Various individuals/potential witnesses in this case have filed Petitions/Motions [Docs. ## 19, 28, 41] seeking release from their purported detention pursuant to an agreement entered into between their employer, KRITON Maritime, S.A. and its operator defendant Ionia Management, S.A., on the one hand, and the Government, on the other. Petitioners contend they are "de facto" material witnesses and that their continued detention violates their constitutional rights.

As set forth on the record of July 13, 2007, these individuals do not constitute material witnesses pursuant to 18 U.S.C. § 3144 as no affidavit nor request to treat them as such has been made. They also are not being detained; although they claim they are being held against their will pursuant to an agreement between their employer and the Government, they remain free to leave, although they fear the consequences. Petitioners cite no authority for their position that they constitute "de facto" material witnesses and the authority they cite for the proposition that "there is no doubt that Petitioners have been seized" under Fourth Amendment rubric is inapposite because, as discussed supra, petitioners are free to leave. Accordingly, as no party has made a motion to take petitioners' deposition pursuant to Fed.R.Crim.P. 15(a), and petitioners have not yet been designated material witnesses, the Court has no authority to grant petitioners' Motions and they are thus DENIED, without prejudice to renew should their circumstances change.

18 U.S.C. § 3144 provides, inter alia, "[i]f it appears from an affidavit filed by a party that the testimony of a person is material in a criminal proceeding, and if it is shown that it may become impracticable to secure the presence of the person by subpoena, a judicial officer may order the arrest of the person and treat the person in accordance with the provisions of section 3142 of this title."

Specifically, they fear that they will be arrested as material witnesses upon attempt to depart the United States, inasmuch as counsel for the Government has represented that such will occur.

IT IS SO ORDERED.


Summaries of

U.S. v. Ionia Management S.A

United States District Court, D. Connecticut
Jul 20, 2007
Case No. 3:07cr134 (JBA) (D. Conn. Jul. 20, 2007)
Case details for

U.S. v. Ionia Management S.A

Case Details

Full title:United States of America v. Ionia Management S.A., et al

Court:United States District Court, D. Connecticut

Date published: Jul 20, 2007

Citations

Case No. 3:07cr134 (JBA) (D. Conn. Jul. 20, 2007)