High Court Passes on Appeal Challenging Remote Witness Testimony

The US Supreme Court declined on Monday to hear a case about the extent to which the Sixth Amendment’s confrontation clause bars witnesses from testifying remotely during a criminal trial.

John Won’s appeal challenged a rule established in 1999 by the US Court of Appeals for the Second Circuit in United States v. Gigante. The Second Circuit held that where “exceptional circumstances” exist and it furthers the interest of justice, a trial court may allow a witness to testify via two-way closed-circuit television.

Won was convicted of securities fraud, wire fraud, and money laundering conspiracies, as well as substantive ...