In a hearing on December 15, 2009, California federal court Judge Cormac J. Carney issued and read an amazing court order that slams the federal prosecutors over their prosecutorial misconduct in one of the Broadcom cases. In the case of William J. Ruehle, former Chief Financial Officer of Broadcom, Judge Carney found that prosecutors had intimidated and improperly influenced witnesses to the point that Ruehle could not receive a fair trial.
After the standard preliminary matters, Judge Carney opened the hearing by stating the following:
“Based on the complete record now before me, I find that the government has intimidated and improperly influenced the three witnesses critical to Mr. Ruehl’s defense. The cumulative effect of that misconduct has distorted the truth-finding process and compromised the integrity of the trial. To submit this case to the jury would make a mockery of Mr. Ruehl’s constitutional right to compulsory process and a fair trial. The Sixth Amendment to the United States Constitution guarantees the accused the right to compulsory process for witnesses in its defense. For this constitutional right to have true meaning, the government must not do anything to intimidate or improperly influence witnesses. Sadly, government did so in this case.”
Things went down from there for the prosecutors.
Judge Carnac went on in great detail to explain how Ruehle had been deprived of his right to a fair trial by the government’s egregious conduct in intimidating and manipulating the witnesses who were critical to his defense. Based on the actions of the government and the way that the government misconduct had tainted the trial testimony, Judge Carnac dismissed the charges against Ruehle.
Judge Carnac’s order was direct, elegant, and devastating to the prosecution. It is rare for a judge to take prosecutors to task for their misconduct, so in that context the judge’s order is even more stunning. The transcript of this hearing is a must-read for criminal defense lawyers, as well as any other American who believes that our court system is beyond repair. The transcript is attached to this post below.
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