DA's Objections Shut Down to Allow Sick Witness to Testify Early

Gennaro “Gino” Dimatteo (Di Matteo) appeared in court for a conditional examination on Oct. 19 to explain where the man accused of bribing a South Lake Tahoe city councilwoman obtained funds to purchase a gym.

After an initial objection from prosecutor James Clinchard over not having read all the discovery pertaining to the testimony was noted by Judge Douglas C. Phimister, who said that “As far as I am concerned, this is a deposition,” defense attorney Robert Woelfel called his witness.

William Wilkins, 69, was called to the stand. He explained that he was suffering from a multitude of conditions, including mesothelioma lung cancer, chronic obstructive pulmonary disease, emphysema, skin cancer and a heart condition. He required an apparatus to assist him in breathing and said without his new electric chair it would take him an hour to walk the 10 or 15 feet from the witness stand to he defendant’s table. Twenty feet, he said, was like walking a mile and a half. This, Woelfel explained, was why he was testifying now instead of at a later date...

http://www.mtdemocrat.com/news/witness-gym-buy-was-legit/