USA v. Reid

UNITED STATES DISTRICT COURT FOR THE
DISTRICT OF NEW HAMPSHIRE
United States of America
v. Criminal No. 05-cr-057-JD
Gordon Reid
O R D E R
Attorney Richard Monteith moves to quash a subpoena served
on him requiring his testimony at trial next week. In support of
his motion, Monteith represents that he is counsel to Deborah
Poirier in an unrelated criminal case in this court and that
Poirier has cooperated with the government in this case against
Reid. Monteith asserts that Poirier is asserting her attorney-
client privilege with respect to his communications with her,
which will prevent him from testifying at Reid’s trial.
“Familiarly, the attorney-client privilege--somewhat
simplified--is a privilege of a client to refuse to testify or to
have his counsel testify as to confidential communications
between the two made in connection with the rendering of legal
representation . . . .” In re Grand Jury Proceedings, 417 F.3d
18, 21 (1st Cir. 2005). The privilege applies only to
communications between a client and her attorney, for the purpose
of legal representation, but not to communications with third
parties. United States v. Bisanti, 414 F.3d 168, 171 (1st Cir.
2005). The person invoking attorney-client “privilege bears the
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burden of establishing that it applies to the communications at
issue and that it has not been waived.” In re Keeper of Records,
348 F.3d 16, 22 (1st Cir. 2003).
At the present juncture of the case, the nature of the
testimony Reid seeks from Monteith has not been established.
Although Monteith asserts that he has no information relevant to
Reid’s case other than privileged communications with Poirier, he
has not made a sufficient showing to invoke the protection of the
privilege on behalf of Poirier for the purpose of quashing the
subpoena. He may, however, assert attorney-client privilege in
the course of his testimony at trial, if he can show that the
privilege applies as to the particular inquiry and that it has
not been waived.
Conclusion
For the foregoing reasons, the motion to quash the subpoena
filed by Attorney Monteith (document no. 128) is denied without
prejudice to assert the privilege at trial.
SO ORDERED.
Joseph A. DiClerico, Jr.
United States District Judge
February 10, 2006
cc: Gordon Reid, pro se
Michael J. Iacopino, Esquire
Helen W. Fitzbiggon, Esquire
Clyde R. W. Garrigan, Esquire
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