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Player subpoenas thrown out Williams sisters, Davenport won't testify in person
MIAMI (AP) -- A judge has thrown out the subpoenas issued for women's tennis stars Venus and Serena Williams and Lindsay Davenport, meaning they don't have to testify in person at the trial of the man accused of stalking fellow professional Martina Hingis. County Judge Kevin Emas has told the lawyers for the Williams sisters and Davenport that they must provide sworn affidavits from their clients by Friday's start of Dubravko Rajcevic's trial. Rajcevic is charged with one count of stalking and three counts of trespassing at last year's Ericsson Open on Key Biscayne. The affidavits are to provide testimony on whether the Williams sisters and Davenport were "in a position to observe whether or not Hingis was suffering from substantial emotional distress during the period between June 1, 1999 and April 1, 2000." That's the time frame in which Rajcevic is accused of stalking Hingis. If the affidavits don't meet the judge's standards, he could require the three women to answer more questions with further affidavits or live closed circuit television testimony. The judge directed Kevin Davis, the attorney for the Williams sisters, and Maury Udell, the attorney for Davenport, to get the affidavits back to him by Friday morning. Rajcevic's trial will begin with opening statements from prosecutors Christopher Calkin and Ergio Fernandez and defense attorney Frank Abrams. The case will be heard by a jury of four men and two women, plus a one man and one woman as alternates. The trial is expected to take about five days. Hingis is expected to take the stand Monday and face Rajcevic, who insists he is in love with her and she is interested in a relationship with him. Thursday's hearing, lasting nearly two hours, was conducted with Davis speaking to the court by telephone from Seattle and Udell, a Miami lawyer, appearing personally. The two lawyers have already submitted affidavits stating their clients had no knowledge of the case nor of any contact between Hingis and the defendant. In fact, in his own affidavit, Davis said it was "public knowledge that Venus and Serena were not fond of Martina and that Martina felt the same way." During the hearing, Abrams told the judge that his prime reasons for wanting the three tennis stars to testify was to show that none of them had observed Hingis suffering any kind of distress during their matches with her. Abrams said he also wanted to question the three stars and get their testimony on the "high levels of security" that exist during the Ericsson and other Women's Tennis Association events. After hearing Abrams' presentation of the testimony he hoped to get from the Williams sisters and Davenport, Emas said he felt the defense lawyer had not made a good faith effort in trying to subpoena them for the trial just two weeks before it was to begin. He noted that at no time did Abrams try to get their testimony in pretrial depositions or reach them personally for statements before the beginning of this year's Ericsson. Finally, Rajcevic stood up and told Judge Emas that he wanted his lawyer to withdraw the subpoenas because "I don't want to hurt them." He said, "I am very angry, I want to be able to maintain my relationship with Serena and Venus. I want these subpoenas withdrawn even if it hurts me in the end." Abrams said that, as his lawyer, he did not agree with Rajcevic ordering him to withdraw the subpoenas.
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