D/ex-con was hired by V's family as a housekeeper b/c V has a degenerative disease. D decides to use V's checks & commit forgeries. We're considering taking V's deposition in light of her medical condition.

D was arrested on the forgery & bonded. She now at large on a post-indictment capias (new case) and an off-bond for the forgery. Here's the question: Can we file our affidavit & application requesting V's depo, give notice to D at last known address & if D doesn't attend the hearing and/or doesn't attend the subsequent depo still be allowed to get the depo/testimony in at trial? Obviously we're concerned about Crawford issues, but I also don't think D should get the benefit of delaying & having V's condition continue to worsen.

Thoughts????

Somewhat risky. Do all you can to ensure defendant has actual notice of their right to be present and cross examine and that the State will argue they have waived that right if they do not appear. Does defendant not have a lawyer to notify?

What if you requested that the court appoint a lawyer to represent the interests of the defendant during the deposition? May still not be sufficient, but better than nothing.

You're both echoing my thoughts... No, D doesn't have an attorney yet. We discussed internally getting her a court appointed atty even if D's at large, but there was concern about how effective the atty could be at a depo without having discussed the facts & formulated a defense w/D. Plus, I'd have to convince the court to spend the money...