(no subject)

Sorry I did not get back to you sooner. I have been out of town for several weeks. As to Miss Miller, she still does not wish to testify in this case and has a Fifth Amendment basis for her position. She wishes not to accept the "proffer letter " cover of immunity, which again is her right. I think it is a waste of time to have her appear Friday to just take the Fifth. I suggest that you huddle with your people. (It is football season). If you want to push the issue you will have to get formal immunity. I will accept service now and in the future for you so you don't have to chase Tatum down. Jim Eisenberg

Thanks for the e-mail response. Let me clarify what I meant to say. does not wish to testify and will rely on all lawful means to decline to testify. She is not an obstructionist who will go outside the law through contemptuous conduct, however After all, this is a woman with a small child I believe that if the law requires her to testify and that she has no lawful option, she will do what is required of her. In other words, I don't believe that she will jerk you around if you in fact get her formal immunity. Jim

Hi Jim — Thank you for the e-mail, and I will even forgive the football reference. I was just set for trial, so the earliest I will be able to reschedule the testimony will be after Thanksgiving. I will give you a call to discuss the immunity issue but I am concerned about other things we have talked about — if Ms. Miller is given immunity, will she be forthcoming and answer the questions? Or am I going to jump through hoops to get her immunity and then have to worry about filing motions to compel, motions for orders to show cause why she shouldn't be held in contempt, etc., etc.?

As always, thank you for your assistance.

Regards,
Marie

A. Marie Villafana
Assistant U.S. Attorney
561 209-1047
Fax 561 820-8777
ann.marie.c.villafana@usdoj.gov

I just wrote you a letter confirming that Ms. Miller will be at the grand jury room with me. Please keep me informed as to the time. I must warn you, my letter is critical of your office, although not at all critical of you. If you change your mind about forcing Ms Miller to appear, please e-mail or call at once so she does not have to make arrangements for child care to be in court. Thanks, Jim Eisenberg