Opinion
Criminal Action No. 05-cr-00081-REB.
December 15, 2005
ORDER COMPELLING TESTIMONY PURSUANT TO 18 U.S.C. §§ 6001- 6003
THIS MATTER comes before the Court on motion [#135] of the United States Attorney for the District of Colorado requesting that the Court issue an order pursuant to 18 U.S.C. §§ 6001- 6003 compelling the testimony of Harry Carr.
HAVING REVIEWED the motion and being further advised in the premises, the Court finds:
1. Harry Carr has been subpoenaed to testify at trial in the above-captioned matter, scheduled to commence on January 3, 2005.
2. Said witness has refused to testify or provide information on the basis of his Fifth Amendment privilege against self-incrimination.
3. In the judgment of the United States Attorney, the testimony and information of said witness is necessary to the public interest.
4. The United States' motion has been approved by Deputy Assistant Attorney General Laura H. Parsky, Criminal Division, U.S. Department of Justice, pursuant to the authority vested in her by 18 U.S.C. § 6003 and 28 C.F.R. § 0.175. A copy of the authorization from said Deputy Assistant Attorney General is attached hereto.
THEREFORE, it is ordered pursuant to 18 U.S.C. § 6002,
1. That the government's motion [#135] filed December 15, 2005, is granted.
2. That Harry Carr shall give all testimony and information, which he refuses to give or provide on the basis of his privilege against self-incrimination, concerning all matters about which he may be interrogated at trial in the above captioned matter.
3. That no testimony or information compelled under this order (or any information directly or indirectly derived from such testimony or information) may be used against said witness in any criminal case, in any court, except in a prosecution for perjury, giving a false statement or otherwise failing to comply with this order.
4. That this order shall be filed under seal and shall be served only on the government and Harry Carr or his attorney.