A San Diego federal judge denied the petition of the ship's Ukrainian captain and five Filipino crew members who had sought approval to give depositions in criminal case and then return home
A San Diego federal judge has denied a petition that would have allowed six foreign sailors to return home after more than six months of being kept in San Diego by the government as witnesses to an alleged environmental crime.
The witnesses asked a judge last month that they be allowed to give depositions and then return home to their families. Under the rules of federal court, certain foreign witnesses who are detained are entitled to such a process.U.S. Magistrate Judge David Leshner denied the request Friday, ruling they’re not entitled to depositions because they’re not detained.
6 foreign sailors witnessed an alleged environmental crime. They’ve been stuck in San Diego since May Their predicament has offered a glimpse at a little known legal mechanism used in maritime cases that allows the U.S. government to hold foreign individuals for months at a time — and sometimes longer — before criminal charges are ever filed. In this case, the witnesses had been held for nearly six months without Korotkiy being charged. Prosecutors filed the charges against him in mid-November — two days after the witnesses filed their petition.
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