Christina Kitterman, the former Rothstein law firm associate charged* with posing as the head of the Fort Lauderdale office of the Florida Bar**, in order to deceive investors in Rothstein's Ponzi scheme, has asked the Court to order that Scott Rothstein be produced at her trial, as defense witness. Kitterman is charged with Conspiracy, as one of the minor players in the billion dollar Ponzi scheme, and she has pled not guilty, forcing the Government to prove up its case at trial. The trial judge has granted that request.
She will be required, under the rules of the US Marshals Service, to post an advance deposit, to cover the costs of transport, housing and security for Rothstein, which some court observers estimate could cost $20,000 . He has reportedly been in the Witness Protection program (WitSec) ever since he testified against some individuals who are reputedly tied to organized crime, specifically the Mafia. Rothstein has not been seen in public for years; those closed depositions, for attorneys only, do not count.
Judging by the filings in the case, her attorney has asserted that she cannot be convicted of conspiracy, using Rothstein's prior deposition testimony, and relevant law. Her Rule 15 Motion, to take Rothstein's deposition prior to trial, was denied. The federal rules only allow pre-trial depositions under exceptional circumstances, and where the Court finds that they are in the interests of justice.
Rothstein's testimony at trial, on behalf of the defendant, could be impeached by the US Attorney, who accepted the recent statements, made by his wife Kimberly at her sentencing, to the effect that he was the intellectual author of the jewelry thefts she orchestrated, and carried out. His testimony at this trial could affect whether he gets that much-desired sentence reduction, from the 50 years he is currently serving; Stay tuned.
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*Case No.: 13-cr-60220-DTKH (SD FL).
** Public records show she is Adria Quintela.
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