A federal judge denied the petition of the ship's Ukrainian captain and five Filipino crew members, who had sought approval to give depositions in the 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 to 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.
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.
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Foreign sailors stuck indefinitely in San Diego after witnessing alleged environmental crimeA 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
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