Court documents filed in the case do not indicate who federal prosecutors are investigating or what information they are seeking from Kenneth Miller of Stuarts Draft, Va.
Miller's attorney, Joshua Autry, of Camp Hill, Pa., said Monday they are not going to appeal a decision by U.S. District Court Judge William Sessions rejecting their motion to quash the subpoena, served on Miller after his conviction on a charge of helping Lisa Miller and daughter Isabella travel from Virginia to Canada and then on to Nicaragua in 2009.
Kenneth Miller is scheduled to testify on Nov. 15, Autry said.
He was convicted by a federal jury in August on a charge that he arranged for Lisa Miller and Isabella to travel from the U.S. to Nicaragua, where they are still believed to be living. He faces up to three years in prison. No sentencing date has been set.
Lisa Miller and Kenneth Miller are not related.
Janet Jenkins, of Fair Haven, and Lisa Miller were joined in a Vermont civil union in 2000 and Isabella was born to Lisa in 2002. The couple split up in 2003. A Vermont family court awarded custody of Isabella to Lisa Miller but gave Jenkins regular visitation.
Lisa Miller is a fugitive.
Jenkins has filed a civil lawsuit against Kenneth Miller and a number of other groups she alleges helped Lisa Miller and Isabella flee the country. The defendants in that case are expected to file their response to that lawsuit by Oct. 29.