Assistant U.S. Attorney Clyde Lemons, the prosecutor, told the court that Dr. Wayne L. Hoffman is a material witness in this case whose “non-availability is not due to a lack of due diligence by the prosecution, but because of an unexpected medical condition of the doctor.”
Lemons said Hoffman will testify as to why the DNA testing performed by his laboratory led him to conclude that the infant born to the victim in this case is the child of Diaz, the defendant.
The prosecution said Diaz had sexual intercourse with his victim prior to her reaching 16 years old.
Lemons said Hoffman’s paralysis was reversible based on his treating physician, adding there was some improvement already noted, and his condition should be greatly improved and possibly reversed in four to six weeks.
According to his treating physician, the stress and fatigue associated with lengthy air travel from Texas could potentially worsen Hoffman’s condition and also negate treatments he has received to date.
Diaz has been indicted by a grand jury on three counts of enticement of a minor, and one count of travel with intent to engage in illicit sexual conduct which the defendant denied.
