Criminal Procedure Question (Roger Clemens related) for Redszone's lawyers
So apparently Andy Pettitte's deposition testimony was "key" to the government getting an indictment against Clemens. See this article:
and this indictment:
Presumably, that means Pettitte's testimony at trial may be key to the prosecution obtaining a guilty verdict.
Under our Sixth Amendment and Crawford v. Washington, Pettitte's deposition will not be admissible at trial. Instead, Clemens has the right to "confront" Pettitte in the courtroom.
So here's my question. Is it possible for Pettitte to avoid being dragged into court as a witness?
Under the Federal Civil Rules (I don't know the criminal rules very well), you can't compel a witness to travel out of state more than 100 miles from his home unless you serve him with process in the state where the trial will take place. Is the rule the same in a criminal case?
In this case, the trial will take place in D.C. Can Pettitte effectively evade service if he stays out of D.C. until after the trial?