UNITED STATES DISTRICT COURT

DISTRICT OF MASSACHUSETTS

UNITED STATES OF AMERICA
CRIM. NO. 13-10238-DPW

v.

DIAS KADYRBAYEV,
AZAMAT TAZHAYAKOV, and
ROBEL PHILLIPOS


DEFENDANT KADYRBAYEVS MOTION TO TAKE WITNESS OUT OF ORDER
OR IN THE ALTERNATIVE WHEN AVAILABLE

Defendants expert witness, Dr. Aneta Pavlenko, is on a work assignment from May 2
May 26, 2014 in Europe. While this work travel was long planned and established prior to Dr.
Pavlenkos retention in this case, counsel did not learn of the travel dates until after the motion
dates were set. Because Dr. Pavlenkos testimony is relevant to our Motion to Suppress and is
crucial to establishing defendant Kadyrbayevs English proficiency at the time of his alleged
statements and his inability to fully understand and comprehend his Miranda rights, we
respectfully request the Court to allow Dr. Pavlenkos testimony to be taken once she returns to
the United States and is available to appear in Boston at the end of May or beginning of June.
By letter dated April 30, 2014, we notified the government of Dr. Pavlenkos
unavailability and requested their consent to either take her testimony via Skype on May 13 or 14
or to hold open the hearing until her return to the United States. (Exhibit A attached hereto). By
email dated May 5, 2014, the government objected to taking Dr. Pavlenkos testimony out of
order but did not object to resuming at a later date at the end of May when Dr. Pavlenko is
available if the Court deems her testimony necessary. (Exhibit B attached hereto).
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Based on the above, it is respectfully requested that the Court permit Dr. Pavlenko to
testify upon her return to the United States.

Respectfully submitted,

s/ Robert G. Stahl
________________________
ROBERT G. STAHL, ESQ.
Attorney for Dias Kadyrbayev


CERTIFICATE OF SERVICE

I hereby certify that this document filed through the ECF system will be sent
electronically to the registered participants as identified on the NEF and paper copies will be sent
to those indicated as non-registered participants on May 6, 2014.

s/ Robert G. Stahl
_________________________
ROBERT G, STAHL, ESQ.

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