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Q. As a prosecutor, did you ever in a
prosecution against one person successfully introduce
into evidence that somebody else had taken the Fifth?
MR. SCAROLA: In a criminal case?
MR. SIMPSON: In a criminal case, yeah.
THE WITNESS: So I had about 20 trials, most of them I was in the general crimes units in the eastern district of Virginia. Most of them involved drug dealers and gun runners that did not -- where those issues didn't come up.
So as sitting here today, I can't recall a circumstance where in that criminal case I was able to do that. The standards for using it in a Civil case would be much, much broader.
MR. SIMPSON: Move to strike nonresponsive
portion of the answer.
BY MR. SIMPSON:
Q. Have you been involved in a civil case in
which you have successfully introduced into evidence the fact that Person A took the Fifth Amendment as evidence
against Person B?
A. I haven't been involved in many civil cases
involving invocations of the Fifth Amendment so I can't
recall a circumstance like that right now.
Q. And is the 11th Circuit case you're referring
ROUGH DRAFT ONLY
HOUSE_OVERSIGHT_021945