Opinion
Case No. 4:01CR207
March 20, 2002
ORDER DENYING RICHARD DETORE'S MOTION TO QUASH SUBPOENA
Before the Court is Richard Detore's motion to quash the trial subpoena issued by Congressman Traficant on 15 March 2002. (Docket # 264). Counsel for Mr. Detore represents that the subpoena to appear and to testify at trial was received on 18 March 2002 and that the subpoena compels Mr. Detore to appear and to testify in this case on 20 March 2002. (Docket # 264). Mr. Detore argues that the subpoena should be quashed because Mr. Detore would "decline to testify about the events and circumstances alleged in Count 3 of the Superceding Indictment, pursuant to his rights under the Fifth Amendment to the Constitution of the United States." (Docket # 264 at 2).
Although "[a] defendant's right to force a witness to testify must yield to that witness' assertion of his Fifth Amendment privilege against self incrimination, where it is grounded on a reasonable fear of danger of prosecution," the Sixth Circuit Court of Appeals has explained that "the law of this circuit requires the subpoenaed witness to take the witness stand and assert the Fifth Amendment privilege in response to particular questions." United States v. Gibbs, 182 F.3d 408, 431 (6th Cir. 1999) (internal quotation marks and brackets omitted). Thus, if Mr. Detore intends to invoke his Fifth Amendment privilege against self-incrimination, he must do so on the witness stand, outside the presence of the jury.
Accordingly, Mr. Detore's motion to quash the subpoena is denied.