IN THE UNITED STATES DISTRICT COURT

DISTRICT OF NEW JERSEY

UNITED STATES OF AMERICA *

*

v. * Crim. No. 11-161

*

CHRISTOPHER RAD *

Defendant, *

NOTICE OF DEPOSITION,

MOTION TO DEPOSE A MATERIAL WITNESS,

AND MOTION TO TAKE DEPOSITION OUTSIDE THE UNITED STATES WITHOUT 

THE DEFENDANT’S PRESENCE

TO THE HONORABLE JUDGE OF SAID COURT:

COMES NOW Defendant in the above entitled and numbered cause, and 

respectfully moves the Court to allow the deposition of a material witness pursuant to 

Rule 15 of the Federal Rules of Criminal Procedure and to and in support thereof would 

show as follows:

1. Scott Miller is a material witness who introduced James Bragg, the Government’s 

main witness, to the Defendant. He can also testify as to his course of business with 

both James Bragg and with Defendant as well as the course of business between Bragg 

and Defendant all of which are material facts.

2. Scott Miller is a resident of Canada which is beyond the reach of the subpoena 

power available to Defendant for his defense. Scott Miller is not willing nor able to travel 

to the United States to testify regarding the facts he knows in this case. Mr. Miller has a 

condition which has been diagnosed as “plunging ranula.” It is a glandular problem 

which almost killed him recently but for an immediate surgery. He explains that the first 

surgery is usually enough to cure patients in 90% of cases, but that he is in the 

unfortunate percentage that will require a second surgery, and he is vulnerable to 

another seizure until then. Therefore, there is a substantial likelihood that Scott Miller’s 

attendance at trial cannot be obtained and that his deposition in the United States 

cannot be obtained. Scott Miller, however, is willing to answer questions in his own 

country, under oath, and is available to be cross-examined by the Government.

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3. Scott Miller lives at 6163 Denverway in Nanamio British Columbia.

4. The deposition is scheduled for November 11, 2012 at 10a.m. at 6163 Denverway, 

Nanmio, British Columbia, Canada.

5. The Defendant cannot be present at the deposition because Canada will not 

permit the defendant to attend the deposition without a passport, and the Government is 

in possession of Defendant’s passport. Defendant is Canadian. Furthermore, no 

reasonable conditions will assure an appearance at the deposition or at trial. Finally, 

the Defendant can meaningfully participate in the deposition through reasonable means. 

The deposition can be video recorded and held via video conferencing after the witness 

is dutifully sworn.

WHEREFORE, PREMISES CONSIDERED, the Defense prays that the court grant the Motion 

to Depose a Material Witness and allow the deposition be taken without the Defendant’s 

presence.

Respectfully submitted,

/s/ Francis Williams Montenegro

Francis Williams Montenegro

Attorney at Law

1604 San Antonio St.

Austin, TX 78701

Tel. 512-476-1212

Fax. 512-476-3178

Attorney for Defendant 

Christopher Rad

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CERTIFICATE OF SERVICE

A true and correct copy of the above and foregoing Defendant’s Notice of 

Deposition, Motion to Depose Material Witness, and Motion to Take Deposition Outside 

the United States Without the Defendant’s Presence is this 26th day of October 2012 served 

on Erez Lieberman, Assistant United States District Attorney via e-mail at 

erez.liebermann@usdoj.gov.

Attorney for Defendant 

Christopher Rad

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