Larry Nassar filed a hand-written letter to a Michigan judge to avoid being deposed in Aly Raisman’s case against the U.S. Olympic Committee. Now, RadarOnline.com can exclusively reveal Raisman is fighting back against the disgraced doctor’s desperate attempt to avoid questioning.
On November 26, Nassar, 55, wrote to Judge DeMarchi, “Because of my direct appeals from my convictions arising from Michigan’s Ingham and Eaton County Circuit Courts [my attorney] has advised me to invoke my Fifth Amendment Rights.”
“Therefore, I am requesting to invoke my Fifth Amendment Rights,” he continued in the November 26 filing. “If your honor orders me to participate in a deposition or other discovery, I respectfully request that this court appoint counsel to protect my Fifth Amendment Rights on a question by question basis.”
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But Raisman, 24, wasn’t letting him get off the hook in her December 3 reply.
READ THE COURT PAPERS!
“It appears that Nassar desires to assert his Fifth Amendment rights, and that, in the event the Court orders a deposition to proceed, counsel be provided such that he can be advised to invoke on a question-by-question basis,” her filing read. “Nothing in either Nassar’s letter, nor his attorney’s correspondence indicate why, at the threshold, a deposition should not be ordered.”
The filing continued that the Fifth Amendment does not afford a “blanket protection from deposition” or an “affirmative defense to be raised in Opposition.”
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“Plaintiff’s counsel recognizes that there very well could be specific inculpatory areas of testimony that Nassar may have to invoke his right against self-incrimination, though there are countless other areas of testimony where there would be no need for such invocation,” the court papers read. “Indeed, the Fifth Amendment analysis and potential for self-incrimination is a separate issue from the threshold issue of whether a deposition can be allowed to proceed in the first instant.”
She continued that she is seeking the opportunity for the questions “to be asked.”
While Nassar states the deposition questions could be potentially incriminating, Raisman claims the analysis is “premature.”
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“Not a single question has been posted to Nassar, as no deposition has …
Source:: Radar OnlineRadar Online